Can I fire my divorce attorney?

Yes. You can change attorneys at any point, for any reason, and you do not have to justify it. They work for you. You are also entitled to your file, and to an accounting of what your retainer has been spent on.

Whether you should is the question worth slowing down for, because switching has real costs and some of what drives people to switch is fixable.

First, check whether it is the fixable kind

Three complaints account for most of this, and two of them are usually solvable without starting over.

They do not return calls. The most common complaint by a distance, and often a staffing problem rather than neglect. Ask directly for a communication arrangement: who to contact, what response time to expect, and a scheduled update at an interval. Many firms will simply agree. Put the request in writing, which both clarifies it and creates a record if nothing changes.

The bills are surprising. Ask for an itemized accounting and go through it. Frequently the problem is that nobody explained the billing, not that the billing is wrong. If something looks wrong, most state bar associations run fee dispute resolution programs, which are cheaper and faster than a fight.

They are not aggressive enough. This one deserves care. Sometimes it is a genuine mismatch. Sometimes it is a good attorney telling you an unwelcome truth about your case, which is exactly what you are paying for. An attorney who agrees with everything you say is not necessarily serving you well, and the second opinion below is a better test than your own frustration.

The reasons to leave that are not fixable

They missed a deadline or let something lapse. They cannot explain their plan for your case. They pressure you toward a settlement you do not understand. You have lost confidence in their judgment, or you simply cannot talk to them.

That last one counts. This is a long relationship conducted during the worst months of your life, and being unable to communicate with your own advocate is a real problem rather than a preference.

What switching actually costs

Money. A new attorney has to read into the case, and you pay for those hours. The later in the case, the more there is to read.

Time. Court dates can move when counsel changes, though a competent handover limits this.

Your retainer. Anything your attorney has not earned has to come back to you when the representation ends, and a "non-refundable" line in the fee agreement does not change that. Ask for a final accounting in writing.

If you are near a trial date, get advice before you move. Some courts will not allow a late substitution that would delay proceedings.

How to do it cleanly

Consult the new attorney first. As a rule, line one up before you discharge the old one, because being between lawyers mid-case is a bad place to negotiate from, particularly if your spouse has counsel. The exceptions are real though: if your lawyer has a conflict of interest, has done something you believe is misconduct, or has gone unreachable with a deadline approaching, get advice immediately rather than waiting weeks to line up a replacement.

Get your file. Ask in writing. In most states most of it is yours, but two things vary: whether you are entitled to the entire file or only the finished work product, and whether your lawyer can hold it against an unpaid balance, since some states recognize a retaining lien for exactly that. If money is outstanding, settle that question early rather than at handover.

Do it in writing, briefly and without a list of grievances. "I have decided to change representation. Please provide my file and a final accounting." No explanation is required, and elaborating rarely helps.

Watch the deadlines during the gap. They keep running while you switch. This is the part people drop.

The cheaper option first

If you are unsure, a consultation with a different attorney costs an hour and answers the question. They will tell you whether what you are describing is normal for this stage or genuinely off. That is often all you need, and sometimes the answer is that your case is going fine and it feels awful because divorce feels awful.

What to bring to that meeting applies just as much to a second opinion as to a first.


Rules on withdrawing and substituting counsel, on what must be returned from a retainer, and on fee dispute programs are set by each state's bar. If you are close to a hearing or trial date, check the local rules before making a change.