There may be a few circumstances in which you feel like you want to change the attorney who represents you in the courtroom while going through a divorce in New Mexico. It’s also possible for an attorney to leave to another firm in the midst of your hearing, leaving you with someone completely different who doesn’t know the specifics of your case. Whatever the relationship you have with your New Mexico divorce or family law attorney, here are some things to keep in consideration when you think of making a switch. 


Establish Your Reasoning

It is a good idea to really focus on what you need in a divorce attorney. Switching the person who represents you in court can be expensive and time-consuming. Uncontested cases can take as much as 30 minutes to resolve and complete. If however the divorce is contested the case can go on for years in some instances. When hiring a new attorney, they will charge you a consultation fee and a retainer because they are new to your case and have to spend time reviewing all the details of it. If you feel like you cannot afford to pay another attorney, then perhaps you should think about sticking with your original choice.

 Here are seven questionable qualities in attorneys that should make you consider replacing them:

  • Not responding to your emails, calls, or voicemails within a week or ever. 
  • Missing court appearances
  • Not explaining to you how your case is going or the details behind it. 
  • Making hollow promises and not fulfilling them. 
  • Insulting, yelling at you, or making you cry.
  • Not being upfront or clear about costs, billing, etc. 
  • Does something that makes you lose trust or confidence in your attorney. 

Second Opinions- Consulting With Another Attorney

If you feel unsure about your relationship with your attorney, or if you feel like they aren’t taking your case seriously enough or pursuing it aggressively enough, consult with another attorney to see if there are other possible outcomes to your divorce or child custody battle. Although it can be pricey, it may be worth it to find someone who is more suited to your family and personal situation. However, it is imperative that if you decide to switch attorneys, you make the decision early on in your case. If your case is already in the courts, then it is actually up to the judge to fire your attorney. In Albuquerque family law cases, If your trial is coming up or you are in the midst of a trial the judge will probably not grant you permission to replace your attorney with someone else, but they might allow you to be unrepresented (Pro se) , which usually is not good for your case.  

Making the decision to switch attorneys on your case can seem overwhelming, but it’s best to decide that before taking your case to trial. If you are looking to switch attorneys or are just curious about a second opinion, call our attorneys at Genus Law Group 505-317-4455 for a consultation today. Genus Law Group specializes in Family law and can talk with you about how they can help your case.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond