When and How to Change Your Attorney in North Dakota

Whether you’re facing divorce, going through a business dispute, have been injured by another’s negligence, or are involved in another civil litigation matter, it’s important to have an attorney you know you can rely on. Unfortunately, you may realize during the course of your case that the attorney-client relationship isn’t working and begin to wonder, “Can I change my attorney?” The answer is yes. You can change your attorney at any time if you are unsatisfied with their representation.

What are the Reasons I Can Change My Attorney?

The attorney you choose to represent you is one of the most important decisions you will make in your case, and it can significantly affect the outcome. If you’ve realized your attorney is not a good fit for you or you have lost trust in their communication, the question, “can I change my attorney?” can arise. Although this is not a decision that should be taken lightly, there are several red flags that should prompt you to reconsider your representation.

Several common reasons to change your attorney can include the following:

• Lack of communication: Communication is the most integral aspect of the attorney-client relationship. If your attorney does not respond to your emails, phone calls, or communications in a timely manner, and you feel your concerns aren’t being heard, it may be in your best interests to obtain new counsel.
• Disagreement about strategy: If you cannot agree with your attorney about the strategy to take in your case, it may be a good idea to retain representation who is in alignment with your objectives.
• Lack of trust: Trust is paramount between an attorney and the client. In the event you have lost trust in your attorney, it can negatively impact the outcome of your case. It’s critical to have an attorney by your side with whom you feel comfortable and have confidence.
• Lack of professionalism: If your attorney has a disrespectful attitude toward you or your legal matter, misses deadlines, or is disorganized, this may indicate a lack of professionalism and it may be time to make a switch. A professional attorney will have a good reputation that results in favorable interactions with judges, opposing counsel, and others in the legal system, which can be beneficial for your case.
• Billing disputes: A billing dispute may be a valid reason to change your attorney. While your attorney is entitled to be paid for the services they have performed, they do not have the right to overbill you, pad their hours, or charge for work that was unnecessary. 
• Inexperience: If you feel that your attorney lacks the professional skills or knowledge needed to handle your case competently, you might consider finding counsel that has the resources and years of experience necessary.
• Lack of empathy: Empathy is one of the most important qualities an attorney can have. If you believe your attorney’s lack of empathy is affecting your case or your professional relationship, you may find it beneficial to work with a different attorney.

If you have doubts about your attorney’s advice or strategy, you may simply want a second opinion about your case from a different attorney. Getting another legal opinion can often be the first step in determining whether your attorney is handling your case competently. This can help you decide whether to keep your current representation or make a change.

What is the Process to Change My Attorney?

Although you can change your attorney at any time, it’s crucial to follow certain steps to ensure a smooth transition. Notably, simply firing your attorney before you have new counsel can leave you unrepresented, which can be detrimental to your case. It’s best to find a new attorney first to avoid any potential complications.

The basic process to change your attorney in North Dakota is as follows:

• Retain a new attorney: Before you change your attorney, it’s essential to consult with a new attorney to make sure they are a good fit. Look for relevant experience, a solid track record of results, and good communication skills. Be sure you are comfortable speaking with the attorney and they address all of your questions and concerns. 
• Review the terms of your retainer agreement: Review the retainer agreement you entered into with your previous attorney. It should outline the terms for terminating your relationship with them.
• Advise your previous attorney in writing: Send your attorney a letter clearly stating that you are terminating the attorney-client relationship. Your letter should also specify where your case file should be sent.
• File substitution of counsel: The court and all parties in the case must be advised that you have changed attorneys. If the new attorney is in the same law firm, this is done by filing a substitution of counsel. If the new attorney is from a different law firm, they must file a motion to substitute. The outgoing attorney is not officially relieved of their duties until the court has granted the motion.
• Transfer your case file to the new attorney: Your new attorney will handle the transfer of your file and ensure all documents have been received so that your case can proceed smoothly.

Before changing your attorney, it’s vital to consider the timing. Switching counsel may create delays if your case is close to reaching a settlement or trial is approaching. Not only may court approval be required to substitute counsel, but your new attorney will need time to become familiar with your case. For these reasons, it’s usually best to find new counsel as soon as you realize the attorney-client relationship is failing.

Contact an Experienced North Dakota Attorney

Taking a client-centric approach in every case, Fremstad Law offers dedicated counsel, reliable representation, and adept advocacy for a wide range of legal matters. Whether you are considering changing your attorney or would like a second opinion on the strategy in your case, our attorneys can help. Contact us online or by calling (701) 401-9423 to schedule a confidential consultation to discuss your specific situation and learn how we can assist you with moving forward.