Should I Switch Divorce Attorneys? When It May Be Time for a Second Opinion
One of the more difficult calls I receive starts with some version of this:
“I already have a divorce attorney, but I’m losing confidence in how my case is being handled.”
When I hear that, one of my first questions is simple:
What is the strategy for your case?
Surprisingly often, the client cannot answer.
A divorce case should not simply move from court date to court date, motion to motion, and bill to bill. Your attorney should be able to articulate a clear strategy for getting from where you are today to where you ultimately want to be.
More importantly, that strategy should be tailored to your case.
Your Divorce Is Not a Form Case
No two divorces are exactly alike.
One client may need to protect a closely held business. Another may need to establish that an asset is non-marital. Another may be dealing with a spouse who controls the finances. Another may need to address serious parenting concerns. And another may have a case where the smartest strategy is resolving the dispute before litigation consumes unnecessary time and money.
Those cases should not be handled the same way.
After nearly two decades litigating divorce and family law matters, I believe one of the most important responsibilities of a divorce attorney is to identify the client's real objectives and develop a strategy specifically designed to achieve them.
That strategy should drive the litigation—not the other way around.
Your Attorney Should Be Able to Articulate the Strategy
Ask your attorney:
What are the three most important issues in my case?
What are we trying to accomplish over the next 90 days?
What evidence do we need to accomplish it?
What is our settlement strategy?
What happens if the case goes to trial?
You should receive meaningful answers.
A strategy does not have to predict every development in a case. Divorce litigation changes. New evidence emerges. Financial information is discovered. Parenting circumstances change. Judges make rulings that alter the landscape.
Good strategy adapts.
But there should always be a reason behind what is being done.
A Strategy Is Worth Very Little Without Execution
Having a plan is only half the job.
The other half is executing it.
If the strategy requires proving income, has the necessary discovery been issued?
If a business valuation is critical, has the right financial information been obtained and an appropriate expert considered?
If parenting is contested, are the communications, records, witnesses, and other evidence necessary to establish your position actually being developed?
If settlement is the objective, has the case been positioned so the other side has a reason to negotiate?
And if trial may ultimately be necessary, is the case being built throughout the litigation—or is everyone waiting until the trial date approaches?
Good divorce litigation is proactive, not reactive.
Not Every Battle Advances the Strategy
A tailored strategy also tells you what not to fight about.
High-conflict divorces create endless opportunities for disagreement. Emails, parenting exchanges, expenses, discovery disputes, accusations, and demands can consume enormous amounts of attorney time.
Not every issue deserves the same response.
Before spending thousands of dollars litigating something, the question should be:
How does winning this issue advance the overall objective of the case?
Sometimes the answer is that it matters greatly and needs immediate action.
Sometimes the answer is that it is noise.
Knowing the difference is part of the strategy.
Strategy Should Include the Economics of the Case
Legal strategy cannot be separated from financial reality.
If the parties are spending $50,000 fighting over an issue worth $30,000, there should be a compelling reason for doing so.
That does not mean every decision should be based solely on dollars. Parenting issues, precedent within the case, credibility, and future consequences can justify litigation even when the immediate financial value is limited.
But those considerations should be deliberate.
Your attorney should be able to explain not only whether an issue can be litigated, but why it should be.
Settlement Is Part of the Strategy, Too
Preparing aggressively for litigation and pursuing settlement are not opposites.
Often, the best settlements occur because the case has been properly prepared.
When the evidence has been developed, the financial issues are understood, and both sides appreciate the risks of trial, meaningful negotiation becomes much easier.
The objective should not be to settle at any cost or litigate every issue.
It should be to understand the range of realistic outcomes and determine which path is most likely to accomplish the client's goals efficiently.
You Should Know Where Your Case Is Going
Divorce litigation is inherently uncertain. No attorney can guarantee what another party will do or how a judge will ultimately rule.
But uncertainty is not the same thing as proceeding without a plan.
Your attorney should understand your objectives, articulate a strategy designed around them, and then execute that strategy as efficiently as the circumstances allow.
You may not be able to control every development in your divorce. But there should always be a strategy for what comes next.