If it feels like they are not representing you in the way that they should, then you are entitled to find a different lawyer who will.
Divorces are quite common nowadays, as around 35%-50% of marriages end up in divorce. That said, while it might seem like something easy to handle for an outsider, it brings a lot of issues to the couple getting a divorce. It’s an emotional process and all you hope is that by the end of it, you get a fair share of what you deserve.
Your attorney is likely your advocate here, which means that they have to fight for your best interests. When they are not doing that and are trying to convince you to settle for less, it might feel like they are not fighting for you. With that in mind, there may be several reasons why an attorney may not be fighting for you.
- There’s a Conflict of Interest
If your lawyer doesn’t seem to invest too much in your case, there may be a conflict of interest somewhere there. Perhaps they are friends with your ex-spouse, and even if they are representing you, they may not want them to lose much either. This may cause them to improperly misrepresent you.
Make sure you hire a lawyer that is impartial to family matters. Your family friend, for instance, may be a good lawyer and may have been your childhood friend. But if they developed a close relationship with the person you are separating from, they may not be able to keep your best interests in mind.
- You Did Not Pay the Legal Bill
A lawyer is bound by professional and ethical standards to represent you competently, whether or not you pay the bills on time. This means that even if you do not pay your legal bills, they should still be fighting for you. The problem is that not every lawyer feels this way.
If a lawyer is not paid for their work, they may actively stop working on the case or try to end things as soon as possible. They may take the steps to withdraw from being your representative, filing a motion to end your client-attorney relationship. Even if they don’t, they won’t feel motivated enough to work on your case, so you may end up receiving less than you are worth.
- They’re Working on Too Many Cases
Divorce rates are dropping all over the world, which includes Houston. With that said, divorce processes can be lengthy. With people getting divorced left and right, there may not be enough family lawyers to take on the load. They may also overestimate their power of managing the cases, causing them to take on more than they can handle.
When they do that, they may not have enough time to work on your case. They will do the bare minimum, but when they do that, you may not receive as much as you are entitled to. When you get a Houston divorce lawyer, you should look for someone that does not juggle too many cases at the same time.
- They Fear Losing to the Other Lawyer
There’s no use in hiding this; some attorneys are better at representing their clients than others. Many lawyers would be too afraid to move forward with a client’s case, simply because they are afraid of the other party’s lawyer.
If you believe that your lawyer is outclassed by your ex-spouse’s lawyer, then you should talk with them. During a divorce, you deserve the best representation. If their fear of losing the case is stronger than their desire to get you justice, then you may want to start looking for a new attorney.
- They Fear the Trial
Just like some are afraid of losing to the opposing legal representation, other lawyers may also have a fear of going to trial. If it comes to this, many will try to convince their clients to go for a settlement, even if it may not be fair to them.
Sometimes, trials cannot be avoided. However, since they are slightly more complex, the lawyer needs to be competent enough to go through it. Indeed, there may be several reasons why they may be reluctant to go to trial (i.e. lack of evidence), but if it’s just fear or lack of trial experience, then you may want to consider hiring a different attorney.
- They’re Afraid of Losing the Case
Indeed, where some cases are involved, the best course of action for you is to settle. Going to trial may be a bigger risk than it’s worth, so your lawyer will try to convince you to take a settlement. That said, this should only be done after careful consideration of all the relevant factors. This includes things such as the strength of the case and the goals of your client.
The decision of whether or not to settle ultimately belongs to you, but your lawyer should provide advice on the matter. If they stop fighting for you because they are afraid of losing the case, this would signify a breach of their ethical duties. You should work with attorneys that are committed to providing diligent representation all the way.
- They Don’t Have Sufficient Experience with Family Law
When a lawyer finishes law school, they have law knowledge on pretty much every legal aspect. That said, just like doctors, lawyers also choose the main branch they want to work with. Some work with criminal law, others go for family law, and so on.
If the lawyer does not have experience with that particular domain, they may not be able to represent you correctly. For instance, a personal injury lawyer may know the basics of the law, but may not know the catches of a more complicated family law case. They may not be fighting for you not because they don’t want to, but because they don’t know how.
The Bottom Line
Divorces can get very complicated, which is why you need a lawyer that is willing to fight for you. If it feels like they are not representing you in the way that they should, then you are entitled to find a different lawyer who will.