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Changing Lawyers or getting a Consulting Lawyer

Sacramento, CA |

Choosing another lawyer or Consulting Lawyer

My lawyer is not a construction lawyer, I say this because I have read up on the law regarding my case and I have seen he has not made a case in directions that could help me.

I think he is proud and would not like to hear that.

In addition the case is almost 3 hours away and I will have to pay travel costs when it comes to the actual trial. I am going to be deposed soon, again around 3hours away and I was wondering if I should get another lawyer to handle the work there.

My choice is to change lawyers and get one closer to the court.


To find someone to consult on the case.


To find another one specializing in the area of construction even if they are far away from the court.

Need help making that decision.

The worst part of all this is that discussing the problem with my lawyer, discussing my hurt feelings or the lawyers lack of performance will still COST me!

Attorney Answers 3

  1. Best answer

    You should readily question your attorney about the services for which you hired him. That "he is proud and would not like to hear that" is insufficient reason to deny him a chance to present his take on the case. Ask him to assess the law that you read up on, and explain why such direction wasn't taken. There are many inaccurate sources which may have misled you about the law (Although I don't assume you were misled). Regardless, his response to your inquiry will shed light on his competence in the practice area.

    Hiring an attorney in close physical proximity is always advisable, but substituting attorneys requires a more delicate evaluation of your situation. Remember, you will likely expend some resources bringing your new attorney up to speed on the case.

    My impression is that you are less worried about cost (although that is a legitimate concern) as you are about your present attorney's competence in the practice area. So while he's still your attorney, confront him with your concerns. You don't have to be rash or presume he is incorrect. Your case is important to you, and you just need clarification.

    Whether or not you confront your present attorney about the direction of your case, spend some time contacting some local attorneys. You may find one willing to give you his/her opinion for little or no fees.

    Good luck!

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney. Sarkis Sirmabekian 818-473-5003.

  2. I agree with attorny Sirmabekian as to various approaches you can take. Immediately sit down with your current attorney and let him/her know what you are thinking. He/she may have a good reason for the approach taken. If your attorney refuses to see you and to discuss the process with you, I would recommend that you need to find another attorney. You may want to ask your attorney why you have to travel 3 hours away from your home/office for a deposition. There are rules and regulations as to how far you need to travel d:(see California Code of Civil Procedure section 2025.250 and 2025.260).

    I believe you should strongly consider hiring an attorney who is both in your local area and is knowledgeable in construction law as that appears to be the chief issue in your case. As you appear to be in the Sacramento area (and you have not mentioned where the court is), you should be able to hire an attorney in Sacramento, for your convenience.

    Most attorneys travel to various locations wherever they are required to appear, so that should not be an issue.

    The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also terms and conditions item 9, incorporated as if it was reprinted here.

  3. As the client, you are free to change attorneys at any time. Your current attorney might not be happy about it, but he cannot force you to continue to retain him.
    Talk to your attorney about your issues and see if you can both come to some sort of agreement regarding your concerns.
    Maybe he could charge you less for travel time, or hire a local attorney to make appearances at places that are far away.
    Hiring a new attorney is not always the best answer, and does not always result in saving money.
    Remember, your current attorney is probably familiar with the case. You will be paying any new attorney to get up to speed.
    The best thing to do is talk to your current attorney, and then if that does not work out, look for someone new.