When I think about the process of hiring a divorce attorney, I am reminded of the scene where Indiana Jones must choose the correct cup or face instant death.  Of course, Indie uses his powers of deduction to choose the non-assuming cup of a carpenter and drinks from the Holy Grail.  He chose wisely.

When the love of your life has run off with their paramour and left you penniless with the children, I imagine you feel a lot of the pressure Dr. Jones felt in that scene.  Almost a year ago, I published an article about my experience hiring a divorce attorney to handle some issues with my ex-wife.  Here’s the link: /2014/02/09/hiring-right-attorney-accidental/.

In the recent past, I’ve seen an increase in the number of potential clients who contact me about their case who have already hired another divorce attorney.  The reasons for their dissatisfaction vary, but two issues stand out: 1) Their attorney doesn’t keep them informed, and 2) Their attorney won’t handle the case in accordance with the client’s wishes.  Over the last Guard Drill weekend, I was reminded about how much this occurs by my friend and colleague, Steve Shewmaker, who practices in the Atlanta Metro Area.  Steve is an excellent divorce attorney and you can find him at www.shewmakerlaw.com.

Mobile is an old town…as we like to note, older than New Orleans.  There are hundreds of attorneys who practice divorce and family law here.  Many of them are seasoned veterans with more than 30 years of experience.  As you might imagine, this leads to rampant paternalism in the attorney-client relationship.  Paternalism is neither good nor bad.  Paternalism may be exactly what you, as the client, need.  However, if you ignored my advice from last year and hired the first attorney who was willing to schedule an appointment, you may now be regretting that decision.  You may be getting too much paternalism from your lawyer; you may not be getting enough.  In the extreme, you may not have heard from him or her in months.  What to do?

There are just as many, if not more, young lawyers in Mobile, fresh from law school and trying their best to make a living in this town.  They’re smart, they’re energetic, they’re eager to litigate your case.  Then they’re presented with something they didn’t learn in law school and there’s no clear legal precedent.  What then?

Steve shared with me some tactics he has employed when dealing with other attorney’s dissatisfied clients.  Steve makes it a point to encourage the client to stick with his or her current lawyer.  I agree with that.  The rules of professional ethics prohibit an attorney from interfering in the attorney-client relationship of another lawyer.  I can’t speak with you about your case if you have another lawyer, period.

I encourage you to salvage your attorney-client relationship.  The fact is, no matter how much I want to help, if you hire me mid-way through your case, it will cost you to have me review everything that has transpired and get up to speed.  However, if you’ve lost faith and trust in your current attorney, sever that relationship and ask for your file before you shop for another attorney.  Take your file to at least three prospects before you hire someone else.  Make sure you communicate your goals for the litigation and that the new attorney is ready, willing, and able to work toward a resolution tailored to fit your needs.

At McBay Law, I count success based on how well I meet the client’s needs.  I may be the right attorney for you; I may not.  Contact me for an appointment and let’s find out!  You can email me at ron@mcbaylaw.com, or by telephone at (251)445-0891.

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