As previously discussed in our post entitled “If I am not Satisfied with my representation, may I hire a new Georgia Divorce Attorney?” if you find yourself in the unfortunate situation where you are not satisfied with the representation of your current Georgia divorce attorney, you absolutely may change attorneys. Many may see this task as easier said than done. However, as a client, you deserve to have representation that you are comfortable with and confident in. If you are not satisfied with your current representation in your Georgia family law case, the steps outlined below should provide you direction on how to switch representation to the Georgia divorce lawyer that is right for you.
Step 1. Consult with a new divorce attorney. Before you end your professional relationship with your current lawyer, you should consult with, and if possible, retain another attorney so there is no point where you are without legal representation. Upon consulting with a new attorney, make sure to obtain that attorney’s fee schedule and policies in writing before you commit to retaining him or her.
Step 2. Discuss the facts and issues of your case with your new attorney, and discuss the process of transferring your case. When you meet with your new attorney, bring copies of all of your case related documents in your possession, like petitions, responses, motions, discovery requests, mediation documents, financial affidavits, settlement agreements, and separation agreements. Additionally, you should also speak with your new lawyer about the reasons you are changing counsel, particularly if you were not satisfied with the quality of your previous lawyer’s representation.
Step 3. Terminate the relationship between you and your existing divorce attorney. Once you have chosen a new divorce attorney to take over representation in your matter, terminate your agreement with your former attorney. It is best to do this in writing to avoid confusion and additional bills for unnecessary services. When you terminate the services of your prior counsel, get copies of any outstanding bills. If you paid a retainer through which your monthly fees are deducted, verify your balance and ask how and when you will receive the funds leftover after the billing cycle and whether these funds may be transferred directly to your new counsel.
Step 4. Get a copy of your file. Request that your prior counsel transfer your entire client file to your new attorney to ensure he or she is fully apprised of the actions that have been taken in your case. Keep in mind that your former lawyer may also have copies of documents in your file that you, personally, did not receive. Many of these documents, particularly those coming from the court, list upcoming hearing dates and important deadlines. Your new attorney will need to know these dates and deadlines as soon as possible so that he or she can appropriately respond.
Step 5. Finally, your new attorney will need to file a document with the court called an “Entry of Appearance.” This will inform the court that you are changing divorce attorneys and permit your new lawyer to represent you at your next hearing. Additionally, a copy of this document should be served on the opposing party and the opposing attorney, to ensure the opposing attorney sends correspondence, documents and discovery requests to your new attorney.