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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32354
Experience:  Began practicing law in 1992
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I am in the process of retaining a divorce lawyer. i have made

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I am in the process of retaining a divorce lawyer. i have made three-fifths of the retainer fee and had planned to pay the rest tomorrow. But she is really not able to represent my interests as aggressively as I think she needs to and I would like to hire a new attorney.

I am thinking about switching to the other attorney, who has alot of experience and (could be a better fit) so that I don't have to lose my retainer fee.


How would you suggest I proceed?

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

I'm not sure what you're asking, can you rephrase?

Customer:

I think I need a new divorce attorney. I am supposed to pay the rest of the retainer fee tomorrow. I would like to not to have to lose my money. So I am thinking about trying to transfer to the more experienced attorney in the practice. So part of what I need to know is how you you would suggest I proceed Since this is new relationship, it feels a it sticky.

JD 1992 :

Has the lawyer actually performed any work for you yet?

Customer:

Barely. She spent a little time researching something online (probably a 10 minute task). We had two meetings. She chatted with oc once.

JD 1992 :

Lawyers usually agree to return retainers, minus any deduction for time spent researching or in meetings, without any issues.

JD 1992 :

You can certainly just tell her that when you make a request such as sending the letter that you have the right to expect that the lawyer will do that.

JD 1992 :

However, just be aware that 1) most attorneys don't do everything their client asks them to do for a multitude of reasons.

JD 1992 :

So that may not change with your new attorney.

JD 1992 :

2) Lawyers have different styles. One of the best I have ever seen is very whiny and unassuming. Lots of lawyers who don't know him don't take him seriously and he tears their (and their client's) heads off because of that.

JD 1992 :

However, in a case and particularly in a case like divorce you need to be comfortable with your lawyer...

JD 1992 :

and if you are already having doubts you're never going to be happy with them or trust them.

JD 1992 :

I think the chat function may be having a problem so I'm going to switch this to a regular Q and A.

Customer: replied 3 years ago.

OK. SO i understand now what you mean by the q/a format...


 


What about trying to transfer to the more experienced partner? How would you suggest I proceed? Would you recommend that I already have a new attorney lined up before I try the transfer so that i can take care of everything at once? Since I don't yet know if I will get what I ask for, I would prefer not to spend precious time looking for a new lawyer unless I have to. I just don't want to be put in the situation of being without a divorce attorney.

It is always better to have a new attorney lined up before getting rid of an old one. That way you don't get left out in the cold if no one wants to take the case.

It may be slightly easier to just ask to switch to another lawyer in the same firm, but the important thing is that you be comfortable with them. At some point you will have to be able to trust what they are telling you when you decide whether to settle or go to trial, etc.
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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.