Yes. You have the right to end the relationship with your lawyer and hire a new one at any point in a Virginia divorce. People do it more often than you might think. The real questions are whether you should, and how to do it without hurting your case.
Good Reasons to Make a Change
- Calls and emails go unanswered for days or weeks.
- You cannot get a clear explanation of the strategy.
- Deadlines have been missed or you arrive at hearings unprepared.
- Bills arrive without detail or do not match the work you have seen.
- You no longer trust the advice you are getting.
Several of these overlap with the red flags to watch for when hiring a divorce lawyer.
Reasons to Think Twice
If the frustration is that your lawyer told you something you did not want to hear – that a judge is unlikely to award what you want, or that settlement makes sense – a new lawyer may tell you the same thing at additional cost. Candor is a feature. Before you leave, ask for a direct conversation about your concerns.
How the Switch Works
Usually your new lawyer handles it. When a case is already pending in court, the change of counsel is put on the record, typically through a substitution order. Your file is transferred to the new lawyer. You remain responsible for fees already earned by your first lawyer, and any unearned portion of your retainer should be returned to you.
Timing Matters
Changing lawyers early is simple. Changing a few weeks before trial is harder: the new lawyer needs time to learn the file, and a judge is not required to postpone the trial because you made a change. If a hearing is close, raise the timing with any lawyer you are considering.
Getting a Second Opinion
You do not have to fire anyone to get a second opinion. A consultation with another family lawyer can confirm that your case is on track or show you that it is time to move.
Talk to a Divorce Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps clients throughout Roanoke, Salem, and the surrounding valley with divorce, custody, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.