Q: I am seven months into a divorce proceeding. My lawyer has proven to be more expensive than anticipated — and a lot less responsive. I have someone else and just want to know what happens when this first lawyer is given the heave ho?

I.G., Thousand Oaks

A: The client is not required to stay with the same lawyer if things are not working out to the client’s satisfaction. But you may be subject to the terms and conditions of a retainer agreement you signed (make sure to review that). Typically, you can replace the lawyer. In fact, the new lawyer can handle that process for you by simply notifying your current attorney in writing, and asking for your files (to which you are fully entitled).

Bringing in a new lawyer may require some extension of time. For example, it may be necessary for the new lawyer to ask the court for time to get fully up to speed. This is more problematic if you are in the thick of the proceeding, and particularly if trial is imminent.

The lawyer you are replacing might seek fees and costs incurred (that have not yet been paid). How that plays out is going to be up to you, at least in part.

Bottom line, you hire the lawyer and you are in “the boss.” If you are not comfortable or happy with how your lawyer is handling things, it is important that you weigh your options, one of which can be to find someone else who hopefully will do a much better job for you.

Q: I fired our lawyer, who claims we owe him for services rendered. There is a clause in the retainer contract that says if he is let go, he is entitled to “the reasonable value of his services.” This is a contingency fee matter (auto accident); he was doing nothing, and was replaced because his services were just plain bad. Can he still require us to pay him?

S.J., Santa Ana

A: The clause you reference in the retainer agreement is not unusual. A contingency fee attorney only gets paid from any recovery, so he or she is plugging along with the hope of getting payment to resolve the case one way or another. Reasonable value of services would be the “going rate” for the work done.

You no doubt have a new lawyer on board. Talk out with him or her the situation. It would not be uncommon when there is a recovery, the lawyer handling it for you seeks to work out a suitable payment to the prior lawyer (typically this amount will come out of what your new lawyer is to be paid).

The prior lawyer can seek to pursue you for recovery if things are not worked-out, but first get a recovery and have your attorney assess what is the value of the prior attorney’s services. There may be some steps, some actions the prior lawyer took that furthered the matter in some respect (and thus have some value associated with them).

Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.