Can I Hire a New Attorney for my Florida Foreclosure Case?
Many times, I have consults with clients who are very dissatisfied with their attorneys. Fighting for one's home is and should be of great importance to any attorney agreeing and willing to take on the case. As a North Florida consumer defense attorney, the volume of struggling homeowners does continue to grow unfortunately. However, as mentioned in previous posts, these cases take time and most of them will not be won, accomplished or lost within the first week, month or even year. It can take months before a hearing is scheduled in your case. Most times, it is not the attorney's fault a hearing takes so long before it can be heard. The court's calendar is the most important factor and the courts are overworked/understaffed as it is. There are times when loads of work is performed on any given month on a case, but then there are months where there is not as much work or correspondence going on.
Even so, communication is still very important in meeting a client's needs. It is not too much to ask to contact a client from time to time to update them on their case. There have been times where a client has been dissatisfied with their attorney but feel they cannot do anything about it and that they are stuck. Attorneys can be fired just as they can fire clients but you as the client, need to be aware if you are the one firing, whether or not you will be held responsible for subsequent attorney's fees. Read your contract/engagement letter with your attorney with a fine tooth comb. Different attorneys and offices have different styles. Sometimes an attorney/office's style does not mesh or fit with clients and that is okay. But the attorney's style should be disclosed before he or she is hired.
Sometimes when a new attorney steps into the case, he or she is forced to unravel or undo certain filings made by previous counsel. Some times the new attorney can go argue on motions filed by previous counsel. Many times, certain strategies and defenses are waived because they were not timely brought. If the issues are too complex and complicated, you should maybe seek the advice of an attorney who has more experience and expertise. The former attorney must still formally withdraw from the case and it is up to the judge to sign off on the withdrawl. In fact, if the judge does not feel the attorney has any basis for firing a client, the judge can force the attorney to stay in the case. That may or may not be in the client's best interests at that point.
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Greg Gilbert
Keith Maynard
