Changing Your New Jersey Divorce Lawyer During A Divorce Case, Can I? By Santo Artusa on October 27, 2020

Choosing a Divorce Lawyer is Very Hard, Changing One Can Be Even Harder Depending on Your Time Constraints, Can I Change My Divorce Lawyer During A New Jersey Divorce Case? Should I? When You Should Change Your Divorce Lawyer in a NJ Case?

  • Think Why Do You Want To Change Your Lawyer?
  • Did You Have a Candid Conversation?
  • What Are you Unhappy About With Your Lawyer?
  • Are you looking for someone cheaper? (That is never good)
  • Is Your Lawyer Not Focusing on Child Custody? Alimony?
  • Is Your Lawyer Sending an Associate Instead of Him or Her?
  • Is Your Lawyer Too Aggressive or Not Aggressive Enough?

There can be many reasons, some good, some not too good, but it is up to you but think before you do in fact change your divorce lawyer!

You have the right to choose your attorney for your divorce case in New Jersey but to a certain limit. You cannot simply change your divorce lawyer the day you have trial but you can change your divorce lawyer during a case whether by consent or by way of motion to have your lawyer releived or vice versa. The earlier you change your divorce attorney in your case, the better so that the new attorney can undertsnad what is going on in the case and any damage can be avoided before it is too late. It is important to have the right divorce lawyer for you during all aspects of the case, the discovery requests, discovery answers, motions, motion demands, setting the tone of the divorce case is critical.  Are there issues that you thought you and your lawyer agreed on but now the attorney does not agree on strategy for: alimony? equitable distribution? child custody? etc? 

  • When Considering Choosing Another Divorce Attorney, remember what you wanted from your attorney at the start and has that changed or has your divorce lawyer failed to fulfill this need or needs?

Is your current lawyer billing you so much that you are scared to even call to ask a question or for an update? I have taken cases as late as the first day of trial but do not advise anyone to do this. You should give your divorce lawyer a good chance to work on your case but if it is clear that they are not right for you, change the lawyer fast. As each day goes by, the trial date approaches (even if a trial date has not been set by the court yet). The Judge is forced to handle cases in a time frame that may not work for you but that does not matter, hence why you should work with a New Jersey Divorce Lawyer that you feel comfortable and confident with right away. 

Is Your Divorce Lawyer Part of the "Boiler Room of Law Firms?" 

Yes is your lawyer part of a firm that is simply known to bill for everything even non-lawyer functions to the point where you cannot work with the lawyer anymore because they use the retainer so fast? They get the retainer, use it up fast, demand new retainers or dump clients regardless of what can happen to the client? Be careful. 

When Should You Change Your Divorce Attorney in Your New Jersey Family Court Case? 

  • Lack of Communication
  • Lack of the Same Vision or Strategy
  • Missing Deadlines
  • Lack of Focus
  • Lack of Care
  • Forgetfulness of Important Details
  • Lack of Respect
  • Missed Appointments/Cancelled Appointments
  • Lack of Confidence

And While the Grass is Not Always Greener, You Should Consider Changing Your Attorney if the Above is True But Think It Through. Speak To Your attorney and see if you can talk it out. If you cannot talk it out or have loss faith, move on sooner rather than later. 

 

 

 

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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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