Key Takeaways
- So yes, you may change divorce lawyers mid-case in Pennsylvania. As long as you do everything by the book and satisfy what your court expects, you can do this.
- Before you make a change, consider your specific circumstances. Can you fix communication issues, no progress being made, or trust issues with your current lawyer by talking it out?
- If you do choose to switch attorneys, make sure to do your homework. Make appointments and choose a new one with enough experience in family law to know the ropes and a personality that works for you.
- Be aware that there could be great monetary expense and time lost. Changing to a different lawyer can affect the timeline of your case and likely incur additional costs.
- Create a binder of your case materials to make the process easier. Maintaining open communication between your current and prospective attorney will help with keeping the transition as seamless as possible.
- Knowing Pennsylvania’s rule nuances and local court procedures can save time, avoiding a defection or departure from the case being done mid-case.
Changing divorce attorneys during the course of a case in Pennsylvania is not difficult. The law ensures that you have the freedom to choose new legal representation, should you feel that doing so would benefit your case. Others change attorneys to get someone who is a better fit, more trustworthy or with a different approach.
Fortunately, courts throughout Pennsylvania allow you to file documentation to officially prepare the switch, keeping the process moving forward. Your new attorney receives access to your entire file and picks up where your previous attorney left off. In fact, there are no complicated arcane rules prohibiting you from making this decision.
We’ve found that people are often more comfortable when they have an attorney that is a better match. Next, I’ll explain what you need to do, what to expect, and how to find and hire a new lawyer if you’re ready to make the switch.
Yes, You Can Change Lawyers
Today we examine the process of changing attorneys during your divorce case in Pennsylvania. The truth is, this occurs much more commonly than you would think. Of those who switch, 70% of people who change attorneys cite lack of communication as the reason.
Perhaps your attorney is unresponsive when you have a question, or maybe you just don’t feel informed. If things aren’t working, you can look for another law firm by searching online or asking people you trust who have gone through something similar. Before taking any action, discuss with your existing attorney what you feel is going awry.
At other times, correcting an accordion with light and camera will remedy things without requiring an exchange. When you feel prepared to move forward, hire a new attorney with divorce law experience. Ensure that they are well-versed in matters that are of your interest or concern.
You want someone who explains things in a way that makes sense, answers your calls, and has time for you. Inquire about their recent cases and how they communicate with clients and update them on new developments. Once you’ve made your choice, you’ll have to notify your existing attorney that you’ve decided to switch.
That is an important step. It makes sure that all of your case files and information about court appearances get transferred to your new lawyer without interruption. Changing lawyers can change the overall pace and feel of your case.
Often, a new lawyer will be able to see things your previous lawyer didn’t or suggest a better angle you should take to make your argument. In fact, some cases find new life simply from a new set of eyes and a new game plan. The procedure is pretty straightforward in Pennsylvania, and the courts are accustomed to folks taking this route.
Why Consider Changing Lawyers?
Changing lawyers in Pennsylvania, while sometimes unavoidable, is a decision many find themselves making for legitimate reasons. As you can see from this picture, 40–50% of our new clients have come to us after working with someone else.
In our experience, the catalyst most frequently is a sense of not being listened to or informed. In fact, clients report that poor communication is the most frequent reason they need a lawyer. When your legitimate calls aren’t answered, or the news stops flowing, it’s a clear sign that something’s wrong.
Providing answers quickly and truthfully gives you a sense of inclusion in the process and goes a long way in maintaining trust. Letting this slide can set you down a perilous path where you’ll be frazzled and confused about your next steps.
Communication Breakdown Issues
Perhaps you’ve seen your lawyer has weeks to respond or omits important information. You could receive these updates only if you constantly apply pressure.
Together, these problems create an environment that’s difficult to trust, especially when you’re relying on your lawyer’s roadmap. In an environment where you can never get straight answers about the status of your case, you lose trust very quickly.
Lack of Progress or Strategy
Other loan lawyers allow your case to drag on without providing a real strategy. If you notice no progress or a complete inability to gauge their progress, you should consider making a change.
You want to actually be able to see steps taken—not just future promises.
Personality Clashes or Trust Issues
Personality conflicts or fear of being judged—perhaps due to your family situation or immigrant status—are barriers to effective communication. If you’re not an LGBTQ family but feel your family members’ needs aren’t being met, seek guidance from a dedicated family law attorney who understands your circumstances.
Disagreements on Case Approach
Endless battles over strategy with your family law attorney can grind progress to a halt. The last thing you want is for you and your legal representative to be on different pages about goals and strategy.
Ethical Concerns or Negligence
Lawyers have too, and many clients recognize signs like missed deadlines or unprofessional work as a need for a new family law attorney.
Unreasonable Fees or Billing Disputes
Bills that are vague or muddled can cause problems down the road, especially in legal cases. If expenses feel arbitrary or you never have a clear idea of what you’re being charged for, that’s an issue that may require consultation with a family law attorney.
Evaluate Your Current Situation First
Deciding to switch divorce attorneys during an ongoing divorce case in PA is not an easy decision to make. Evaluate your current situation first. Before you get too far down the path, it’s important to understand your existing state.
All of my clients go through a period where they doubt themselves. In fact, only around 1% report that they are completely satisfied with their attorney. Maybe you’re struggling with long response times, your calls not being returned, or simply not being listened to.
Go through your current process to set the stage. How experienced are they with high net worth divorce cases, and what’s their strategy for dealing with them? Firms like Needle and Cuda are experts at these types of cases. They have created innovative new approaches to address them as easily as possible.
Can Communication Improve?
This way, you can identify any gaps in communication between you and your attorney. Often a simple, straightforward conversation can go a long way to repair everything.
Communicate these issues and gauge your lawyer’s willingness to adjust their communication style. When a lawyer hears this feedback and adapts their approach, the outcome tends to be more positive. More often than not, attorneys will willingly shift course if you inform them exactly what you’re seeking.
Is the Problem Fixable?
It’s reasonable to question whether the failures are merely a bad cycle or indicators of something more systemic. Like improving their communication by putting out more frequent updates or scheduling regular check-in calls, which often are easily resolved in a few minutes.
This is something both you and your lawyer must work towards. If you both put in the effort, things usually take a turn for the better.
Assess Your Case Status
See how far along your divorce case has gone. Identify any major deadlines or milestones ahead. Check how well your attorney is reading the tea leaves.
If you’ve completed much of the heavy lifting already, provide this to any new attorney at the outset.
Talk To Your Current Lawyer
Schedule a time to discuss and come with your list of specific issues. The only way to know is to take your top concerns to your lawyer of choice and gauge their responsiveness.
Even if you don’t technically require your lawyer’s consent, it’s wise to let your lawyer know if you intend to go in another direction.
How To Change Divorce Lawyers (Primary H2)
Changing lawyers during an ongoing divorce case in Pennsylvania typically requires a more careful strategy for a successful transition. Too often people get hurt by the fact that their original lawyer didn’t communicate with them. Others flounder due to the inexperience of their attorney.
Making sure that you have the right approach from the beginning will put you in position to achieve the best outcomes.
1. Decide To Make the Change
When you realize your attorney isn’t providing the service you deserve, listen to your instincts and decide to switch lawyers for good. Communications issues, fee disputes, and inexperience with high-asset divorces are among the biggest primary drivers of clients changing attorneys.
Taking the steps to prepare for the transition can save you frustration as you move on.
2. Research Potential New Attorneys
Begin by compiling a list of divorce attorneys with strong reputations and experience. Often, conversations with friends or other professionals can help point you in the right direction.
Seek out attorneys with experience and track records in high net worth cases. Read reviews and/or gauge their billing styles to determine if they align with your budget and case requirements.
3. Conduct Thorough Consultations
Consult with at least two or three potential attorneys. Probe them about their experience on cases like yours, their approach, costs, etc.
Pay attention to what they hear, how well they listen, and whether they comprehend what you are looking for. Good attorneys explain their fees clearly and transparently.
4. Formally Hire Your New Lawyer
Accept a retainer agreement that specifies fee structures and the scope of work with your new family law attorney. Determine a date when your legal representative will take you on as a client.
5. Notify Your Current Attorney
Send a formal letter to your current family law attorney, including your new attorney’s information, while being respectful yet frank and honest.
6. File Substitution of Counsel
Coordinate with your new family law attorney to prepare and file a motion to substitute counsel. Ensure that all required paperwork is filed with the courtroom and that all parties are notified.
7. Ensure File Transfer Smoothly
Get your old case file from your previous attorney and pass it along to your new attorney. Leave no stone unturned.
Be 100 percent certain that nothing vital is neglected.
8. Update Your Ex-Spouse/Their Lawyer
Notify your ex-spouse and their divorce attorney that you have secured new legal representation. Moving forward, all communication related to your custody case should be directed through your new family law attorney.
9. Get New Counsel Up To Speed
Schedule an initial consultation with your new family law attorney to discuss your custody case and what you hope to accomplish. Provide them all forms and information to allow them to advocate on your behalf effectively.
Understand Potential Consequences
Moving divorce attorneys in Pennsylvania creates tangible differences in your matter. When I needed to switch horses mid-case, I was shocked—apple-pie-job-or-not—at how much my choice made a difference in the tenor of my divorce. It took a huge toll on my finances, my time, and my heart during this journey.
If you’re thinking about making a change, you don’t need your current lawyer’s permission, but giving them a heads-up helps avoid confusion. A shocking 80% of people switch because they don’t feel listened to or included by their attorney. A frank discussion with your attorney can usually clear these hurdles. If you seek improved expertise or a more compatible approach, it may be time to find a new attorney.
Financial Costs Involved
To change lawyers now involves paying new fees. Ideally, the new attorney will need some time to review your entire case history, which means additional hours billed. Occasionally, deceased attorneys bill for closing out affairs or transferring work product.
Fortunately, if you work with a firm like Needle | Cuda, you’ll be led through the transition effortlessly. This strategy can yield significant savings in time and money. It’s important to understand that the overall cost of your divorce will likely increase, so understanding your budget is key.
Impact on Case Timeline
It’s important to remember that a new lawyer will need time to familiarize themselves with your case files and to prepare. This has the potential to create more inertia. Prompt communication between you and your new attorney minimizes the amount of time you have to wait.
A well thought out plan goes a long way towards getting a court date on track, but there will likely be some schedule deviation.
Potential Strategy Shifts
A fresh set of eyes from a new attorney can help you approach your case from a different perspective. They might introduce new creative thinking, or pursue another legal route. Ensure their methods fit your desired outcomes.
Articulate what you each need out of the lawsuit.
Emotional Toll of Transition
We know that deciding to change lawyers is not an easy choice. Returning to basics can be daunting — particularly during a crisis. It makes all the difference to take care of your own needs—eat healthy, get enough sleep, and support your friends.
At Needle | Cuda, we understand that no family—especially not our families in the LGBTQ community—should have to navigate a convoluted process.
Pennsylvania Specific Considerations
If you’re changing attorneys mid-divorce in the state of Pennsylvania, there are some important things you need to know. Read these guidelines carefully to prepare for a successful transition. Each county and each court may have a different process for changing attorneys.
Knowing the ins and outs of applications, hearings, reports, and comment periods will help your proposed change sail through the process. The important thing is to get in compliance with the law, reduce backlogs, and maintain your case’s momentum. You don’t want to introduce any last-minute surprises, missed hearings or public comment periods, or paperwork bottlenecks that might drag everything out again.
Court Rules on Attorney Changes
You need to be careful, as when you exchange private counsel or research the issue state practices mandate. Pennsylvania courts require a formal “praecipe for appearance” or at times a “motion to withdraw/substitute counsel.
This written notification informs the court and all other parties of record of the identity of the new attorney. Your old lawyer as well as your new lawyer are usually willing to sign off. If you do not do this, the court may not be aware of who needs to receive notices or appear in court.
For example, if a judge expects your old lawyer but you bring someone new, the court could delay the hearing. Everything must be filed on time, or you will miss your opportunity to be heard.
Local Procedural Nuances
As is often the case in Pennsylvania, things vary widely from county to county. Some local courts are making it difficult and requiring additional paperwork—for instance, a “certificate of consent.
Some might even require you to submit for filing in-person as opposed to via E-filing. Your local bar association may provide helpful resources like sample forms or checklists. Consulting with the court clerk or looking at your county’s website will ensure that you understand how to do all of these steps correctly.
In Allegheny County, for example, a short phone call with the court office can clear up which forms they want.
Impact on Court Appearances
With a change in lawyers, that can equal a new court date or additional hearings. If your new attorney requires additional time to prepare, the judge may postpone the trial or conference.
This lets your lawyer be completely prepared. It’s always a good idea to discuss with your incoming attorney all forthcoming court dates and what preparation they will require. From that point on, you’re both aligned on what to expect, and you won’t let anything slip through the cracks.
Making the Transition Smoother
Making a switch during your divorce process in Pennsylvania might feel like an uphill battle. However, with the right approach, you can make a smooth transition. Here at Needle | CUDA, we know that making this change is critical for the success of this change. We’re here to protect your interests during the entire transition.
When you change attorneys, you need to find new things immediately. Bringing on a new attorney ensures that you avoid any further delays in your case. We get it—things come up and sometimes unexpected events are unavoidable. At times, that new legal arm might be required, like when facing a tough divorce.
Organize Your Case Documents
Begin by gathering all of your closed case files together. That includes court documents, emails, fiscal impact statements, and anything else that serves as a record of the process. When you bring these with you to your new attorney, everything goes so much quicker.
Nothing is more important than ensuring that these papers stay current. Keep everything consolidated in one location, such as a folder in a shared drive that’s simple to access. At Needle | CUDA, we think clean data is critical. These processes let us dig into your case right off the bat and get a complete picture of your case from the get-go.
Communicate Clearly With Both Lawyers
Maintain clear lines of communication with your current and incoming attorneys. Update your new lawyer on major developments. Include your existing attorney and keep them informed about what to expect.
This helps to ensure everyone is on the same page. It makes for efficient proceedings, despite a lot of moving pieces.
Be Patient During Handover
Allow for some time for the transition. Allow your new attorney some time to get up to speed on everything. Even the best orchestrated transition takes some time to adjust.
Keep connected, and don’t hesitate to reach out with questions along the way. Have faith that this move, while uncomfortable, is necessary to ultimately get you to the best match.
Whoever you are, however big or small, we’re here to make your transition smooth and handle all of the logistics.
Choosing Your Next Attorney Wisely
Selecting your next attorney wisely is about more than simply identifying someone with a law degree. You need someone who understands your particular case, addresses your needs, and walks you through the process every step of the way. Trust us, taking the time to meet and interview more than one family law attorney usually pays off in spades.
You’ll need someone alongside you who makes you feel heard, understood, and confident in your legal journey.
Define Your Needs Clearly
First, decide what you want from your new attorney. You may need an attorney who is experienced in complicated custody matters, or one who can guide you through dividing substantial property. Just be honest with yourself about what you want and what your priorities are.
So, for instance, if saving your home is your highest priority, communicate that directly and specifically in your negotiations. When you interview potential attorneys, voice your concerns and expectations. This process benefits both parties and allows them to determine if they’re a good mutual fit.
Verify Experience and Specialization
Investigate each attorney’s experience. Just because someone has years of experience in personal injury law does not mean they will be a good family law attorney. In Pennsylvania, you’ll need someone who understands divorce law and its particularities in your county.
See if they’ve worked on matters similar to yours in the past. Knowing that they have a strong record in similar cases should give you greater confidence in the process.
Check Reviews and References
Additionally, online reviews and client feedback provide insight into what it’s like to work with a specific lawyer. Request references, and conduct discussions with individuals who have previously engaged with them on similar matters.
Good candid references fill you in on their style, and more importantly, whether they actually do what they say they will.
Discuss Fees and Retainers
Under Pennsylvania law, you must have a written attorney fee agreement. Inquire about the retainer fees, hourly fees, and any additional costs with your family law attorney to ensure open, honest conversations about finances that prevent unexpected shocks down the line.
Conclusion
Changing divorce attorneys mid-case in Pennsylvania occurs more often than you might think. People need straightforward communication, urgency to their matters, and faith in their attorney. I understand that choosing a new attorney mid-case is a big leap, but fresh beginnings usually lead to significant improvements. The best divorce attorney is honest, straightforward, guides you through the maze, and ensures it all stays on track. What I witnessed people successfully achieve with such a pivot was the improved outcome of a quicker call back response or clear instructions outlined in steps. You don’t have to suffer through and continue with what’s wrong. In order to get things started, pick up the phone and discuss with several attorneys to find one who matches your approach and requirements. Look for an attorney who prioritizes your case and provides you with explanations you truly understand.
Frequently Asked Questions
Can you change divorce lawyers in Pennsylvania during your case?
The short answer to this question is yes. You can change divorce attorneys at any point in your custody case in Pennsylvania. The law does entitle you to pick and choose who represents you in the legal process.
Will switching lawyers delay my divorce case?
It is important to remember that switching attorneys, such as hiring a new family law attorney, may result in a short delay. Your new attorney will need time to review your legal case files. With proactive communication exchanged between all parties, switching lawyers can be simple, quick, and beneficial.
Do I need the court’s approval to change attorneys?
- Can I change divorce lawyers in the middle of my case. All you need to do is inform your existing attorney and have the SRO filed, which is called a substitution of counsel. If your case is past that stage and headed to trial, you might need the court’s approval.
What should I consider before changing my divorce lawyer?
Evaluate if communication issues, lack of progress, or trust concerns with your current family law attorney are affecting your legal case. Weigh the potential costs and delays before making a decision to switch attorneys.
Are there extra costs when changing divorce lawyers?
Unfortunately, the answer is yes; you will have to pay additional fees. Your departing counsel will bill for work done to date, and your new family law attorney will likely require a new retainer for legal representation.
How do I find a better divorce lawyer in Pennsylvania?
Look for referrals, reviews, and attorney credentials to help narrow down your options. Select a family law attorney with proven experience in Pennsylvania family law, particularly a solid track record in divorce cases.
Will my new lawyer have access to my previous case files?
Your former attorney is required to provide your new family law attorney with your case files at your request, ensuring a seamless transition and continuity in your ongoing legal case.