Divorce is already tough enough without having to change your divorce lawyer mid-case. Ideally, you’ve done your research and can navigate the legal steps successfully with your chosen attorney.
Sometimes, however, remaining with the same lawyer can do more harm than good during a marriage dissolution. It may be necessary to terminate your arrangement and retain a different divorce attorney—and you are well within your rights to do so at any time.
After all, losing out in a divorce case can have significant consequences for your future.
So, how do you change your divorce attorney midway through a New Mexico divorce? Let’s find out how to make the transition without the decision adversely affecting your case…
Step 1: Consider whether it is really necessary to change your lawyer
Changing a lawyer may cause some degree of upheaval regardless of the stage of the divorce process at which you’re making the change.
Try communicating your concerns to your existing divorce attorney first. The lawyer may be able to change the approach or work slightly differently to better match your needs and goals.
Weigh up the potential risks associated with remaining with your attorney against the potential hassle of changing.
If you decide to change, you can then start the process of finding a replacement.
Step 2: Choose the right time to change your lawyer
If you realize you made a mistake before the divorce case gets going (i.e., it’s not pending in court yet), it should be relatively straightforward to change attorneys. You won’t need court approval to do so. Simply inform your current lawyer that you have decided to change.
If divorce proceedings are at a crucial stage, you may need court approval before making the change—and you’ll need to inform other relevant parties.
If you terminate an agreement with an attorney, make sure that there are no impending deadlines to meet unless you have a replacement lawyer lined up.
Step 3: Do your homework to find the right divorce lawyer
There’s no point switching divorce attorneys if you haven’t found a better option.
Divorce cases vary and no two are alike. Do your homework and select an attorney who is suitable for your type of divorce case and who has experience in successful outcomes in similar cases before you sign any retainer.
Go through in detail the situation you currently face and determine if the proposed new attorney has the necessary skills and strategies to achieve a better outcome than your existing lawyer.
Step 4: Inform your existing attorney that you’re terminating the agreement
Once you’re sure of the replacement, reach out to your existing attorney and notify him/her in writing that you no longer require services and have found new legal representation.
This will prevent confusion and should include the name and address of your new attorney, to which the case file information should be forwarded. If you prefer, your new attorney can send a formal notice to the replaced lawyer.
Step 5: Inform the court and your spouse
Your new attorney should handle the necessary formalities with the court concerning the transition process.
Usually, the court will require only the filing of a Substitute of Attorney form signed by the outgoing and incoming counsel. This will advise the court and your spouse of the change in counsel.
Depending on the circumstances of your divorce case, however, your new lawyer may need to prepare and file a Motion to Substitute Counsel with the court, seeking formal approval for the desired change in legal representation.
You will need to inform your spouse/spouse’s lawyer of the requested change by sending them a copy of the motion.
Step 6: Obtain all files from the previous attorney
Your new attorney can coordinate the prompt transfer of your case files from your previous lawyer so that he/she can begin working on your case as soon as possible.
Your previous attorney is entitled to maintain a copy of the file in the event of any issues concerning their representation.
Are there any situations when you cannot change your divorce attorney in New Mexico?
If you file a Motion to Substitute Counsel with the court and this is refused for some reason, you cannot change your divorce attorney in New Mexico.
However, this is highly unusual in divorce cases unless there is evidence that the strategy is used to purposely delay proceedings.
Why would you change your divorce attorney?
The most common reasons for requesting to change a divorce attorney are:
- Poor communication: a lack of availability or information about progress in a case can cause frustration, especially if questions go unanswered.
- Performance concerns: a lack of professionalism, efficiency, timekeeping or legal knowledge/skills may be detrimental to the outcome of a case.
- Lack of compatibility: it’s not necessary to be good friends with your lawyer but the client-attorney relationship depends on being able to work closely together.
- Lack of trust: there must be mutual trust, respect, and openness because you will be addressing delicate matters together.
- Disagreement over strategy: sometimes, inexperienced divorce attorneys select inappropriate strategies, such as litigation instead of mediation in a contested divorce.
It’s essential to get the right legal guidance to navigate the legal complexities of a divorce, such as child custody, child support. parenting, marital property division, and spousal support. The attorney you select is central to this process.
There are pros and cons of changing your divorce attorney and it is a decision that should not be taken lightly.
A new attorney may communicate better, have a more thorough or appropriate legal approach, and ultimately achieve a better result. However, the transition process can increase delays, costs, and risks unless properly managed.
For advice on your legal rights, responsibilities, and options, book a consultation with a divorce lawyer from Legal Solutions of New Mexico or call us at 505-445-4444.