Yes, you can terminate your lawyer provided that your trial hasn't already started.  It's easy but sometimes not very affordable to change lawyers in the divorce process. Changing lawyers is fairly common in divorce cases. Often spouses hire the wrong lawyer because they felt rushed and acted too quickly only to find out later that they made a bad choice.

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Like many people, you may have been captured by a nice website or a beautiful office where you noticed an opulent presence with mahogany desks, marble trim, an entire webpage dedicated to their "team" of associates and support staff. But what most spouses don't initially think about is that someone has to pay for those appearances.  And that turned out to be you!  And you'll pay dearly to the extent that you may have to file bankruptcy at the end of your divorce. You weren't expecting that, and few people will actually warn you.

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I know that happens, because I used to work at those offices. I know the secrets that those law firms don't want you to know. I know how they have billing minimums on your file, whether your file needs attention or not.  I know how they pandered to your emotions, and ignored the law, just to bill more on a file. Motion after motion and all of them or most of them being denied. I know how the lawyer you initially talked to was not the same lawyer that was in the courtroom for you or taking your phone calls.

 

You were either dished off to a rookie associate, or worse, a paralegal.

 

But you have now come to realize is that 99% of the fighting and courtroom drama could have been avoided and what they thought was attentive service was actually their lawyer and team pandering to you and your emotions. 

 

Be mindful of this: It's not your fault. It happens and often to very smart people.

 

Emotions run high in a divorce, sometimes a court date pending, and mistakes happen like choosing the wrong lawyer. In these circumstances it is always better to change lawyers than to see if things get better - because they usually only get worse.

 

The reality is that many spouses and parents get frustrated with their case being delayed, the appearance that their lawyer doesn't care, or believing their lawyer over charged them for services.  When this happens, your new lawyer will handle the paperwork to change lawyers and terminate your old lawyer, so that you don't have to worry about an awkward conversation with your prior attorney.  The process to change lawyers is quick.

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Top 10 Reasons to Fire Your Lawyer:

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10.  Bait and Switch.  The lawyer you meet with is not the lawyer who goes to court for you. In divorce, even the status hearings matter and you want the best in court for you.  Often spouses meet and hire the experienced lawyer, but later find out that their file was assigned to another lawyer or an associated is covering the court dates.

 

9.  Massive Overhead.  Avoid offices with a large staff, associate attorneys, and have an office that simply looks expensive.  All of these things cost money, and you're the one that's going to help pay for it.  These offices have zero motivation to be efficient.  You'll quickly find them billing you $3000 per month or more.​

 

8.  Crusty and Out of Touch.  Avoid old and crusty lawyers that seem like that are not the type that are open to change or wanting to explore new ideas on how to approach a divorce.  He or She doesn't return phone calls or give you an update when they are in Court for you.

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7. Excessive billing. Many attorneys bill their services as if it were still 1970.  Today's document processing and use of AI is quick and efficient. No longer do lawyers use typewriters, and your monthly invoice should reflect that.

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6. Billing Minimums. Many lawyers will bill minimums for certain activities.  For example, some lawyers bill 30 minutes for a phone call that only lasted 7 minutes.  Or they will bill a minimum one hour for court, when it actually took 15 minutes.  Minimum billing tends to make the case more expensive than it needs to be.

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5.  Failure to Provide Advice.  Many attorneys lack the courtroom experience to advise their clients what they should expect in terms of an outcome in their case or at a particular hearing.  Some lawyers have practiced for many years, but have never conducted a trial, never filed an appeal, or completed more complicated tasks in a divorce.

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4. Forcing you to Settle. Some lawyers push or force a client into a settlement.  While it may be the case that your lawyer strongly encourages you to accept a settlement proposal, you shouldn't feel forced to do so.

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3. Doesn't Send Monthly Statements.  The law in Illinois only requires that a divorce lawyer send out statements quarterly (every three months).  However, the better lawyers send out statements monthly.  Statements should note the date, the time, who provided the service, and what they completed for you. If you're not given this information, it's impossible to know if you and your money are being treated properly.

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2.  Doesn't Care.  If your lawyer appears to be disinterested in the case or doesn't know about the case when you call, then your lawyer may be too busy or simply isn't vested in the outcome of your case.  Find someone that cares.

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and, 

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1. Your Lawyer is Ineffective.  It shouldn't take long to figure out that your lawyer just doesn't do well in Court.  Their arguments are not sound, the Judge doesn't appear to agree with anything they say, they tend to stutter or the other side just runs right over them. 

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If you're looking to change lawyers, call Paul D. Nordini for a free consultation to discuss your particular case and circumstances.