Your Marriage May Not Be The Only Bad Relationship in a Divorce
While you work your way through the ups and downs of the Colorado divorce process, you may find yourself thinking, “my divorce lawyer is not fighting for me.”
That sense of doubt, that loss of faith or trust, can make your divorce harder than it already is. If you don’t think that your divorce attorney is doing the job you hired them to do or is not standing up for you, your children, and your rights, you can take steps to make the situation better. This includes getting a new attorney.
Why Do You Feel That “My Divorce Lawyer Is Not Fighting For Me”?
You’ve already learned that not all relationships stand the test of time. The same applies to the attorney-client relationship. Though the relationship may start with high hopes, good feelings, and shared goals, divorce attorneys and their clients can grow to see things differently. You and your divorce attorney can have different views of tactics and strategy, or your attorney’s actions may fall short of what you feel are reasonable expectations.
When you first feel yourself questioning your divorce lawyer and wondering if you’ve made a mistake hiring them, you should first clarify why you feel that way. Identifying why you think that “my divorce lawyer is not fighting for me” can help you decide what you should do to resolve the problem.
Common Reasons People Think “My Divorce Lawyer Is Not Fighting For Me”
Here are some common reasons that cause folks to doubt their divorce lawyer’s commitment:
My case is taking too long.
My divorce lawyer acts too friendly with my spouse’s lawyer.
I don’t see my lawyer acting aggressively enough.
I never hear from my lawyer and I don’t know what’s going on in my case.
My lawyer doesn’t return my calls or emails.
The bills I get from my attorney are way too high.
My spouse and their lawyer always seem to have the upper hand.
These are all legitimate reasons to be unhappy. But sometimes, the problem is more about the process than the divorce lawyer representing you. For example, your attorney might be doing everything in their power to move your divorce case forward, but overcrowded court schedules, lengthy discovery, and other procedural issues beyond your lawyer’s control may be slowing things down.
If you see your divorce attorney being polite, or even friendly, with your spouse’s lawyer, remember that all Colorado Springs attorneys are expected to be civil and professional. Not only do our El Paso County judges expect that, but professional behavior between attorneys can help the chances of settlement and a quicker resolution of your case. Lawyers can be civil with each other outside of court and still aggressively represent their clients in the courtroom.
On the other hand, some issues can be a sign that your Colorado Springs divorce lawyer is no longer the right lawyer for you.
If your lawyer doesn’t appear to be forcefully advocating for your position and goals when it is time to do so or adopts a strategy that you strongly disagree with, speaking with another lawyer might be a good idea. The same goes if your current divorce attorney fails to keep you informed or respond to you in a reasonable time. If he or she engages in conduct you think is improper or unethical, you may want to report that to authorities in addition to switching attorneys.
Steps You Can Take If You Think Your Divorce Lawyer Is Not Doing Their Job
You have several options if you believe your Colorado Springs divorce lawyer is now part of the divorce problem instead of part of the divorce solution:
Discuss Your Concerns
Miscommunication or differing expectations often form the basis of tension between attorneys and clients.
Tell your lawyer your concerns about their conduct, ask questions about why they are doing or not doing certain things, and see if you can resolve any differences.
If you can’t get on the same page, it may be time to consider a change in your representation.
Hire a New Lawyer
You ended your relationship with your spouse, and you can end your relationship with your divorce lawyer. But switching lawyers in the middle of your divorce comes with potential downsides you should keep in mind.
Your new lawyer will need to get up to speed with your case, covering much of the same ground your current lawyer already has. This will cost you money and could delay finalizing your divorce case.
If you think that you’d be better off handling your divorce case on your own, think again. Your spouse still has their lawyer, and the judge will expect you to know what you’re doing. Whatever your problems may be with your lawyer, representing yourself in your divorce will make matters even worse.
File a Complaint, But Not Because You’re Disappointed
“My divorce lawyer is not fighting for me” may be a reason to fire your lawyer, but that doesn’t mean anything they did or didn’t do was unethical, illegal, or an act of legal malpractice.
Disappointing outcomes happen even where an attorney does everything right, just like a patient can pass away even though the best doctor in the world did everything they could to save them. A bad result does not mean your attorney committed malpractice.
But if your divorce attorney engaged in conduct that falls short of their legal and ethical obligations, such as not showing up to court or lying to you, you may have a reason to report their conduct to authorities.
In Colorado, the Colorado Supreme Court Office of Attorney Regulation Counsel evaluates complaints and investigates and prosecutes allegations of violations of the Rules of Professional Conduct by attorneys licensed in the state. The complaint process begins with a phone call to an intake coordinator at the office who will then advise you about your next steps.
You Deserve a Lawyer Who Will Fight For You
“My divorce lawyer is not fighting for me” is not something you want to feel or say during your divorce. If you have concerns about your divorce lawyer and would like to discuss your situation and get a different perspective, contact an experienced Colorado Springs divorce lawyer today.
If you are going through a divorce in Colorado Springs, the right divorce attorney can make all the difference in achieving an outcome that meets your needs and goals.
Bryson Perkins is rated one of the best divorce lawyers in Colorado Springs. Contact our office in downtown Colorado Springs to schedule a free consultation.