Can you fire your New Jersey divorce lawyer when your case is getting close to trial?
Yes. But that doesn't necessarily mean your trial date is going to move.
New Jersey's Rules of Professional Conduct recognize that when a client discharges an attorney, the attorney must withdraw from the representation, subject to the rules governing matters before a court. That's different from a lawyer deciding on his or her own that they want to stop representing a client.
Firing Your Lawyer and Your Lawyer Withdrawing Are Different
This distinction is important.
New Jersey Court Rule 5:3-5(d) addresses an attorney's withdrawal from a Family Court case as important court dates approach. There are circumstances in which an attorney who wants to withdraw must obtain permission from the court.
But that's not exactly the same situation as a client deciding, "I don't want this lawyer representing me anymore."
As the client, you generally have the right to discharge your attorney. The bigger question is what happens next.
Your Trial May Still Be Coming
If your divorce trial is two weeks away and you fire your attorney, don't assume the judge will automatically postpone the trial so your new lawyer has months to prepare.
That creates a very practical problem.
You may have the right to change lawyers, but the court also has a case to manage. A last-minute change in attorneys does not automatically mean the rest of the case stops.
That's why I would be extremely careful about firing a divorce lawyer close to trial without first having another attorney ready to step in.
Should You Change Divorce Lawyers Before Trial?
Sometimes the answer may be yes.
If you've completely lost confidence in your lawyer, aren't getting adequate communication, seriously disagree about how the case is being handled, or believe you're heading into trial without proper preparation, changing attorneys may be worth considering even late in the case.
But don't make the decision because of one bad conversation or because your lawyer gave you advice you didn't want to hear.
Trial preparation is significant. A new attorney needs time to understand your financial records, prior court orders, discovery, settlement history, expert reports, custody issues, and everything else that has happened in the case.
The closer you are to trial, the more important that becomes.
Have a Plan Before You Fire Your Lawyer
If you're seriously considering changing divorce lawyers, speak with another experienced New Jersey divorce attorney before making the change. Explain how close you are to trial and provide enough information for the new lawyer to understand what he or she would be taking over.
Then you can make an informed decision.
You don't have to stay with a divorce lawyer simply because your trial is approaching. But you also shouldn't fire your lawyer at the last minute without understanding what happens next.
Sometimes changing attorneys is necessary. Just make sure you're protecting your case while you do it.
Until next time,
Steve