Can I get a 2nd opinion on my case (divorce and custody) without firing my lawyer?

Asked over 1 year ago - Hasbrouck Heights, NJ

Sometimes I think my attorney is trying their best, but there have been slip-ups lately. I just don't think she's experienced enough for the complexities of my case. We just had our case management conference. Can I get a second opinion from another lawyer on some of what we've done?

It seems lawyers are reluctant to contradict each other, but if I may want to retain a new one, I would want an assessment on what's happened so far. I don't want to wait any longer to see if I should switch, and it seems like it will be too late if I wait too long.

Also, if I switch, how much does it cost to make a motion to take the other attorney off the case?

Attorney answers (5)

  1. Yolanda Navarrete

    Contributor Level 20

    2

    Lawyers agree

    Answered . I always think it is wise to get second and third opinions, especially in complex cases. When you make an appointment with an attorney state what it is for. You should take a copy of your file in order to get the most reliable opinion.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely... more
  2. Kenneth A White

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you are seeking to switch attorneys prior to having appeared before the Early Settlement Panel there is no need to file a Motion or otherwise incur any significant expenses to switch attorneys. Your current attorney simply executes a Substitution of Attorney (a one page form); the new attorney affixes his/her signature to the same; and the document is filed with the court.

    Any number of experienced family law attorneys would be happy to meet with you and review the facts and circumstances of your case so that you can make a decision regarding whether you wish to switch attorneys.

    Kenneth A. White, Esq.
    732-819-9100

    The Answer provided was based on the limited information provided, and represents information based on the law in... more
  3. Brad Michael Micklin

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes, you are always entitled to seek a 2nd opinion. Plus, it will help you even if you stay with your current attorney because you will have more confidence in the work that he or she is doing.

    Be mindful that it is difficult for attorneys to review cases with limited information. Make sure that you have all the important papers, letters, pleadings and court orders before you meet with any attorney.

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  4. Bari Zell Weinberger

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . As my colleagues have advised, you are free to retain new counsel at any point in your matter. Since you have just had a Case Management Conference, it is unlikley that your trial date is quickly approaching, and therefore changing counsel will be very simple matter. One of the most important considerations in a family law matter is whether you are comfortable with your attorney. I urge you to consult with an experienced Family Law attorney who can discuss all of the specific facts and circumstances involved in your matter, as well as all of your concerns, with you and guide you accordingly. The articles and information located at the link provided below can provide additional helpful information. Best of luck to you!

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general... more
  5. Michael P Hrycak Esq.

    Contributor Level 4

    Answered . The issues that have to be resolved in divorce and custody are complex and need you, and your legal counsel's, total attention. If there is any doubt, you should consult with an experienced attorney who has tried these kind of matters to completion. You can ask for a consultation and bring the materials that you would want to present at trial, as well as the complaint, any orders, and the Case Information Statement. Good luck.
    (908)789-1870

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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