Changing Legal Counsel
Considering Changing Divorce or Family Law Attorneys?
You hired an attorney for your divorce or family law case. But as the case has progressed, you may have started wondering whether you have the right legal team.
Maybe your case has become more complicated than you anticipated.
Maybe communication is not working.
Maybe significant financial, business, or parenting issues have emerged.
Maybe trial is approaching and you want a different strategy.
Or maybe you simply no longer feel confident that your current representation is the right fit.
Changing attorneys during an Illinois divorce or family law case is possible.
Berlin Melzer Law represents clients who come to us after beginning their cases with other attorneys. We understand that changing legal counsel can feel like a significant decision—particularly when you are already dealing with the stress and uncertainty of a divorce or family law proceeding.
Our first step is not to criticize what happened before.
It is to understand where your case is now, where you want it to go, and whether Berlin Melzer Law is the right team to help you get there.
Can I Change Lawyers During My Divorce?
In most circumstances, yes.
Clients generally have the ability to change attorneys during an Illinois divorce or family law proceeding, subject to applicable court rules and procedures regarding substitution or withdrawal of counsel.
The fact that your case has already started does not necessarily mean you must remain with the same attorney until it ends.
People change legal counsel for many different reasons, and changing attorneys does not necessarily mean that anyone did something wrong.
Sometimes the needs of the case simply change.
Why Do People Change Divorce Attorneys?
The attorney who seemed like the right fit at the beginning of a case may not always be the right fit as the case develops.
Clients may consider changing legal counsel because:
Communication has become difficult
They do not understand the strategy or direction of their case
Their case has become significantly more complicated
A business or complex financial issue has emerged
They believe additional financial investigation or discovery is necessary
Significant parenting issues have developed
Their case is approaching an evidentiary hearing or trial
Expert witnesses are becoming necessary
They want a more strategic approach to litigation
They want a team with experience handling high-asset or complex divorce
They no longer feel that the attorney-client relationship is the right fit
Sometimes there is no single event that causes a client to consider making a change.
You may simply reach a point where you believe your case requires something different.
Is It Too Late to Change Divorce Lawyers?
One of the most common concerns we hear is:
“Am I too far into my case to change attorneys?”
The answer depends on the circumstances.
A case that is approaching trial presents different considerations from one that has just begun. Upcoming court dates, discovery deadlines, expert deadlines, pending motions, and the amount of work necessary for new counsel to become familiar with the case all matter.
That does not necessarily mean it is too late.
It means the decision should be evaluated carefully and promptly.
If you are seriously considering changing legal counsel, waiting until immediately before an important hearing or trial can make the transition more difficult.
What Happens When You Change Attorneys?
Changing attorneys does not mean starting your divorce over.
Your case remains your case.
The pleadings, court orders, discovery, financial records, deposition transcripts, expert reports, and other work already completed generally remain part of the matter.
When Berlin Melzer Law evaluates taking over an existing case, we want to understand what has already occurred before deciding what should happen next.
That can include reviewing:
Pleadings and court orders
Pending motions
Discovery already issued and received
Financial documents
Depositions
Expert reports and disclosures
Parenting agreements or temporary orders
Settlement proposals
Upcoming deadlines
Scheduled hearings or trial dates
Issues that remain unresolved
We then identify what requires immediate attention and develop a strategy for moving forward.
A Fresh Look at Your Case
One potential benefit of changing legal counsel is having a new legal team evaluate the case with fresh eyes.
That does not mean everything your former attorney did should be undone.
Often, substantial and valuable work has already been completed.
Our role is to determine what can be built upon, what needs additional attention, and whether the strategy should change.
We may ask:
What are the strongest facts in the case?
What are the greatest risks?
Is important evidence missing?
Has discovery been completed?
Do we understand the complete financial picture?
Are experts necessary?
Are there issues that can be resolved rather than litigated?
What issues actually need to be tried?
And most importantly:
What does the client want to accomplish?
Changing Counsel in a High-Asset or Complex Divorce
Some clients seek new legal counsel because their divorce has become substantially more financially complicated than they initially anticipated.
Berlin Melzer Law has experience handling complex divorce matters involving:
Closely held businesses
Business valuation
Professional practices
Significant marital estates
Marital and non-marital property
Tracing of assets
Real estate
Trust and inherited assets
Executive compensation
Stock options and equity compensation
Bonuses and deferred compensation
Business distributions and retained earnings
Self-employed spouses
Disputed or complicated income
Child support and maintenance involving substantial income
Complex financial cases often require attorneys to understand not only family law, but also financial records, valuation concepts, business structures, and expert testimony.
When appropriate, we work with business valuation professionals, forensic accountants, financial experts, vocational experts, and other specialists.
Changing Attorneys Before Trial
The approach to a case often changes as trial approaches.
Issues that once seemed likely to settle may remain unresolved. Expert testimony may become critical. Depositions and discovery may reveal new information. The case may require a more focused litigation strategy.
Berlin Melzer Law handles contested family law matters involving motions, evidentiary hearings, expert witnesses, depositions, trials, and post-decree litigation.
When evaluating a case that is approaching trial, timing matters.
We need to determine what has been completed, what remains outstanding, what deadlines are approaching, and whether there is sufficient time to prepare the case appropriately.
If you are considering changing attorneys before an important hearing or trial, contacting potential new counsel sooner rather than later can provide more time to evaluate those issues.
Changing Counsel in a Contested Parenting Case
Clients also change attorneys because parenting disputes have become more complicated or contentious.
Berlin Melzer Law represents parents in matters involving:
Allocation of parental responsibilities
Parenting time
Relocation
Modification of parenting arrangements
School and decision-making disputes
Enforcement proceedings
Guardians ad Litem
Child representatives
Mental health professionals and evaluators
Other complex parenting issues
Parenting cases require more than aggressive advocacy.
They require judgment, preparation, credibility, and an understanding that the decisions made during litigation can affect a family long after the attorneys are gone.
Do I Have to Tell My Current Lawyer Before Talking to Another Attorney?
If you are considering a change, you may want to understand your options before making a final decision.
Speaking with another attorney about potentially taking over your case does not necessarily mean you have decided to change counsel.
It gives you an opportunity to evaluate whether another firm may be a better fit and to understand what a transition could involve.
Because conflict-of-interest rules may prevent a law firm from speaking with you about your case if the firm has represented or consulted with another person involved in the matter, a conflict check must be completed before we can discuss confidential details about your case.
What Should I Have Available When Considering Berlin Melzer Law As New Counsel?
You do not necessarily need to organize your entire case before contacting us.
However, it can be helpful to know:
Your case number
The county where your case is pending
Your next court date
Whether a trial or evidentiary hearing is scheduled
Important upcoming deadlines
The names of the attorneys and parties involved
The primary unresolved issues
Whether experts are already involved
If we determine that we can speak with you after completing a conflict check, we can discuss what additional documents or information would be useful.
Will Changing Attorneys Make My Case More Expensive?
There can be additional expense when new attorneys enter an existing case because they need to become familiar with what has already happened.
That is an important consideration and one we believe should be discussed openly.
At the same time, the cost of changing attorneys should be considered alongside the importance of the issues at stake and the client's confidence in the representation going forward.
Our goal is not to unnecessarily recreate work that has already been completed.
We focus on understanding the existing record, identifying what requires attention, and developing an efficient plan for moving forward.
The Right Attorney-Client Relationship Matters
Divorce and family law cases can last months or sometimes longer.
During that time, you may be making decisions about your children, finances, property, business, and future.
You should understand your legal strategy.
You should be able to ask questions.
You should know what issues matter and why.
You should understand the risks as well as the opportunities.
And you should have confidence in the legal team representing you.
No attorney can promise a particular result. But your lawyers should help you understand the process and make informed decisions throughout it.
Why Clients Turn to Berlin Melzer Law
Berlin Melzer Law is a boutique Illinois family law firm representing clients in sophisticated divorce and family law matters.
Our approach combines:
Extensive Illinois family law experience
Courtroom and trial experience
High-asset and complex divorce experience
Business valuation and financial analysis
Strategic discovery
Experience working with expert witnesses
Contested parenting experience
Mediation and collaborative-law training
Strategic use of technology
Personalized representation
A team approach to complicated cases
We believe effective representation starts with understanding both the legal case and the person behind it.
Meet Rebecca Berlin Melzer
Rebecca Berlin Melzer is the founder of Berlin Melzer Law and has devoted her legal career to family and matrimonial law.
She represents clients in sophisticated divorce litigation involving complex financial matters, business valuation, marital and non-marital property, disputed income, support, and contested parenting issues.
Rebecca serves on the Board of Governors of the Illinois State Bar Association and has been active in the ISBA Family Law Section Council and Women and the Law Committee. She frequently speaks and writes about family law, litigation, ethics, technology, women's issues, and emerging issues affecting families and the legal profession.
Rebecca has been recognized in The Best Lawyers in America® for Family Law and selected to Illinois Super Lawyers.
She founded Berlin Melzer Law to combine sophisticated family law representation with responsiveness, personal attention, ethics, efficiency, and modern legal technology.
Considering Changing Legal Counsel?
You do not have to decide today whether changing attorneys is the right decision.
But if you are questioning your current representation, your case has become more complicated, or an important hearing or trial is approaching, it may be worth understanding your options.
Berlin Melzer Law evaluates appropriate ongoing divorce and family law cases for substitution of counsel throughout Cook, Lake, DuPage, and Will Counties.
Our first step is to complete a conflict check. If there is no conflict, we can learn more about your case, where it currently stands, and what you need from your legal team.
Schedule a Strategy Session With Berlin Melzer Law
Complete our secure intake form. Once we confirm there is no conflict of interest, a member of our team will contact you regarding the next steps.