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The Right Time to Look for a New Family Attorney

The right time to look for a new family attorney

The Family Law Act 1975 (FLA), which was passed in 1975 and took effect on January 5, 1976, sought to modernise divorce law by eliminating the concept of fault, streamlining procedures, and lowering associated costs. It included two significant reforms that altered the approach to marriage dissolution in Australia: the introduction of no-fault divorce and the establishment of the Family Court of Australia, a multi-disciplinary court for the resolution of family disputes (FCA). Both of these reforms have had a significant impact on Australia's legal system.

You can request that your current family lawyer transfer your case file to a new one, making switching family lawyers simple and straightforward.

Assume you decide to become a client of a well-known law firm. In that case, you can be confident that you will receive clear advice on what outcome is possible and the strategy that must be implemented to achieve that outcome.

When negotiation and mediation are no longer viable options (for example, when dealing with an aggressive and vindictive spouse on the other side), the firm prepares for a court hearing; however, even though such cases occasionally resolve themselves at the courthouse's front door, the firm still qualifies for a court hearing.

When is the best time to look for a new family lawyer?

Any of your family lawyer's actions listed below may be a red flag that they are not the best fit for your case.

Inattentiveness
Your lawyer does not answer the phone or returns calls, making it difficult for you to contact them. When you arrive at their office for a consultation, they are preoccupied or on the phone.

A family lawyer who is frequently sidetracked or who appears to be out of touch with all the details of your case is unprofessional and will not be able to get you the best outcome.

Inadequate planning
You believe your attorney is unaware of the specifics of your case and the overall situation. You may believe your attorney is unprepared for the hearing, or you may doubt their ability to employ the best technique and strategy to achieve the best result.

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To obtain a settlement resolution that works for the client, a family lawyer must conduct thorough research into the client's circumstances and plan and prepare for court hearings.

Dismissiveness
Your attorney disregards your instructions and recommendations and fails to take them into account. They frequently fail to notify you when there is an update to the case, and you are rarely kept informed. Family lawyers who act in this manner are unable to represent your interests and achieve a favourable resolution.

Infractions of ethics
Assume your family lawyer happens to be in your presence and shares important information about their other clients and cases. This raises a serious red flag. When a lawyer does this, it is reasonable to assume that they will also disclose details about your case to their other clients.

Another potential ethical violation occurs when your attorney has a relationship with your courtroom opponent, in this case, your ex and their legal representative.

These actions constitute a breach of confidentiality and unethical behaviour. These are serious charges that no one seeking legal counsel should agree to.

Many people are concerned about changing attorneys in the middle of a settlement, but keep in mind:

A qualified attorney can quickly become acquainted with the particulars of your case. Your case file is yours, and you can grant another attorney access to it.

It is not as difficult as many people believe. Once you've found a new attorney you can trust, you'll sign an authority to elevate document so they can have your case files transferred over from your old lawyer's office.


This article is accurate and true to the best of the author’s knowledge. Content is for informational or entertainment purposes only and does not substitute for personal counsel or professional advice in business, financial, legal, or technical matters.

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