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Can a Party Change Lawyers/Attorneys in the Middle of a Family Court Case in Arizona?

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18 Mar
  • Huffman-Shayeb Law, PLLC

  • March 18th, 2024

Can a Party Change Lawyers/Attorneys in the Middle of a Family Court Case in Arizona?

Typically, a party may change their lawyer/attorney in the middle of an Arizona family court. However, in in some instances and under certain circumstances, a court may require that a lawyer stay on a case even if the lawyer attempts to withdraw. In an Arizona family court case, once a lawyer has appeared on behalf of a party, the Arizona Rules of Family Law Procedure apply to their withdrawal and/or substitution.
In some instances, a lawyer may be able to withdraw from a family court case by just filing a notice with the court. See Ariz. R. Fam. L. Pro. 9(d)(2)(A). Specifically, the applicable rule provides that “[w]hen a judgment, decree, or other appealable order has become final, the time for appeal has passed, and there are no matters pending before the court, an attorney may withdraw from further representation by filing a notice of withdrawal.” Id. Similarly, when the case is not yet finalized, but a lawyer within the same law firm is taking over the case for the lawyer that is withdrawing, the lawyers can file a notice of substitution simply notifying the court of the change. See Ariz. R. Fam. L. Pro. 9(d)(2)(E).

However, when the case has not yet been finalized and/or the new lawyer taking over the case is not from the same law, the rules require that the withdrawing lawyer receive the court’s permission to be relieved from the case. See Ariz. R. Fam. L. Pro. 9(d)(2)(B); Ariz. R. Fam. L. Pro. 9(d)(2)(C); Ariz. R. Fam. L. Pro. 9(d)(2)(D). It is important to note that when a lawyer is withdrawing after trial has been set, but no new lawyer is taking over for the withdrawing lawyer, the withdrawing lawyer has to demonstrate cause for being relieved from the case. See Ariz. R. Fam. L. Pro. 9(d)(2)(C). Therefore, while a lawyer may typically withdraw from case without an issue, there might be some situations in which a court might insist that the lawyer remain involved in the matter.

Aside from whether a party can change lawyers in the middle of a family court case, there is the very practical concern of whether it is wise to do so. Changing lawyers in the middle of a family court can have both advantages and disadvantages. A few advantages of retaining a new lawyer may include: a fresh perspective on the case, a better rapport / communication, greater experience or expertise, a more effective legal strategy or theory of the case, a better working relationship with the opposing lawyer or court system. On the other hand, a few disadvantages of retaining a new lawyer may include: a loss of time and money, disruption in the continuity of your case, a duplication of work efforts, and the risk of a miscommunication.

Ultimately, whether changing lawyers in the middle of a family court case is a good idea depends on your specific circumstances and reasons for wanting to make the change. It is important to weigh the potential benefits against the drawbacks and to consider consulting with both your current lawyer and prospective new lawyers before making a decision. If you are involved in or facing a family court matter in the State of Arizona and looking for new representation in case, contact Huffman-Shayeb Law, PLLC to schedule a consultation.

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