In Rhode Island Divorce cases there is no shortage of disgruntled clients for Rhode Island attorneys because of the emotional nature of divorce and the fact that in many cases someone is going to leave the divorce upset that they didn't get the sofa, the china, the big screen television, enough visitation, a larger portion of their spouse's retirement plan or maybe the dog.
Unfortunately, we as Rhode Island divorce attorneys are blamed by some clients when things don't go the way we'd like in our divorce.
Are you unhappy with your lawyer? Ask yourself why? Is it simply because things aren't going your way in your divorce? If so, why is that? Is the other attorney playing dirty? Is the judge quick to make judgments without hearing your side of the story? Are you providing your divorce attorney with the information he or she needs to protect your interests correctly?
Before making a judgment about whether your Rhode Island divorce attorney is your problem, consider that there are many factors outside your lawyer's control.
Here are just a few:
1) The judge and what he or she may be predisposed to think about certain issues;
2) The opposing attorney and the argument(s) he or she may make on behalf of your spouse;
3) Whether your attorney was caught unaware by the court hearing or process due to scheduling changes;
4) The difficulty of your spouse and/or her lawyer in prolonging the matter or being unreasonable in resolving various issues;
5) Whether you are providing your divorce attorney with the information he or she has requested in a timely manner so you can be properly represented;
6) Whether your expectations regarding what you want are unrealistic and you simply want what you want regardless of what your divorce attorney may be telling you;
7) The timing of your divorce attorney's involvement in your case; and
8) The facts and circumstances of your particular marital situation and how they are represented to him or her.
These are just a few of the factors that are outside your divorce attorney's control. So, as you might imagine, any divorce attorney has to be prepared to adjust as much as possible and adapt to these eight factors and others that may (and probably will arise) in the course of your case.
Before flying off the handle at your divorce attorney, consider that he or she may be a victim of circumstance and that he or she may be adjusting as quickly as possible to the changing circumstances with your case.
I am frequently consulted to give second opinions regarding my fellow divorce and family law attorneys to let client's know whether or not what I'm being told about the case is out of the ordinary for the typical divorce attorney in Rhode Island. In many cases, people are surprised when I explain to them why their attorney has addressed issues and treated their case well within the bounds of reason, discretion and skill.
In some cases, it is apparent that a person's attorney has diverged from standard and reasonable divorce practice and ethical standards and I have no problem informing the client of that fact and the actions that the client should reasonably be able to expect. Often, the client expects even more than I advise them of with respect to their attorney and it becomes my unfortunate task to explain to the client that they are being unrealistic in their expectations regarding how they expect their attorney to perform both in and out of court.
In the occasional case, I will be forthright with the client and advise him or her based upon the timing and the circumstances as to whether they should consider interviewing new counsel based upon substantial deviance from standard divorce and/or legal practice generally among Rhode Island attorneys.
In a nutshell, think twice before lashing out or blaming your divorce attorney too quickly for something that may be out of your lawyers control. In the very least, take time to get a second opinion before terminating your attorney. Too often a client will have a good attorney who is doing a decent job and they will terminate their attorney too quickly only to regret that decision later.
Should you need a second opinion about your Rhode Island Divorce attorney, feel free to contact me and I will be happy to meet with you for a low-cost advice session. It's better to be well informed and get either reassurance that your attorney is "on the ball" or if your attorney is doing you a disservice before you terminate your attorney and possibly making a "huge" mistake.
Authored By:
Christopher A. Pearsall, Attorney-at-Law
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