Switching Lawyers?


I am now nearly 7 months into my separation, and have spent over 6k in attorneys fees and have yet to get a signed separation agreement. I received a draft separation agreement well over two months ago (written by my attorney) and since then have heard nothing. Through out this process it has been extremely difficult to contact my attorney at all. She doesn’t return calls or emails. I hear from her about once every 2 to 3 weeks and even though she charges me $300 an hour (I was recently notified it has gone up from $250) to review my emails she has to be constantly be reminded or resent emails (when I do talk to her) because she forgets.

I certainly do not feel like I am any kind of priority to her. I’ve received child support numbers that were totally inaccurate that I HAD to calculate for her because I’m assuming she didn’t take the time to review them. I’m now dealing with the fact that the post-separation support I’m paying is too high (my rent is increasing, and I currently only have an extra $200 a month left over… wife has well over $1000) and I can’t afford it, along with the fact that child support needs to be changed (daycare expenses changed). All this I expressed to her a month ago and haven’t heard back.

I’ve lost nearly all confidence that my attorney is looking out for my best interests.

What are the potential repercussions of switching attorneys during the separation process? Delay? Additional costs?

There will be an additional cost in paying your new attorney, but I don’t see why changing attorney’s at this point should cause you any delay.

Is it fair to ask for any documentation (ie. cs worksheets, financial affidavits, drafts) back from the attorney as it was paid for so that they can be given to the new attorney?

Yes, it is fair to ask for and get a copy of your file.