In February 2021, Kim Kardashian filed for divorce from Ye (previously known as Kanye West) after seven years of marriage, and over a year later, the divorce is still ongoing. Ye has not made the process easy as he has continuously posted online about Kardashian, their children, and lately, Kardashian’s new boyfriend, Pete Davidson.
Kardashian is represented by Laura Wasser and has been since the initial filing in 2021. Ye, however, has just lost his fourth divorce attorney, Samantha Spector. Attorney Spector filed a motion to be relieved as counsel before Memorial Day weekend, claiming that she and Ye have irreconcilable differences in their attorney-client relationship.
Ye fired his previous attorney, Chris Melcher, before an important hearing because of communication issues and a difficult attorney-client relationship. This hearing concerned Kardashian’s request to be declared legally singled as ye had ignored her divorce petition. Attorney Spector, who previously represented Dr. Dre’s wife, was retained after ye claimed that Kardashian was withholding visitation from him.
According to online news and court documents, Deborah Hong has been tapped to represent Ye as the case proceeds. Attorney Hong is an out-of-state attorney who does not specialize in divorce.
When Should I Fire My Divorce Attorney?
Having a reliable attorney can make or break your divorce case. Even if an attorney is qualified, compassionate, and knowledgeable, they may not be the right attorney for you. Just like you need to find the right doctor, grocer, or therapist, you should find an attorney that you mesh well with.
If you’ve retained an attorney but no longer feel they are a fit for your case, you may consider firing them. Reasons, why you should consider firing your lawyer, include but are not limited to:
- Your lawyer isn’t communicative. If they stop taking your calls, lack proper communication skills, or often leave you to communicate with their assistant or paralegal, you may feel uneasy or unprepared concerning your case.
- Your lawyer is unprepared. If your attorney shows up late, is unprepared for meetings or court, or mishandles your funds, severing your attorney-client relationship may be in your best interest.
- You disagree with your attorney’s advice. If you do not agree with your attorney’s counsel or case strategy, they should take your wishes into consideration. They should not pressure you into taking a settlement or making a decision that you don’t want to; while they know the legal system and laws better, they are there to advise you and advocate for you—not control or pressure you.
- Your lawyer engages in unethical practices. If your attorney breaches their code of ethics (by breaking confidentiality, failing to inform you of case details like settlement offers, asking you to do something illegal, etc.), you are well within your rights to sever the relationship.
To end your contract, you should review the terms of your contract or agreement as a termination clause is likely included. The clause should outline the procedures and guidelines regarding how to sever the relationship. Once you have determined the procedure for giving them notice, you should draft a termination letter or email and research how to file a notice with the court that you are seeking new representation.
Can My Divorce Lawyer Withdraw from Representing My Case?
As evidenced by Ye and his lawyers, a lawyer can choose to step away from a client and case. Withdrawing from representation is usually the last resort for an attorney. Common reasons an attorney may file to withdraw representation include:
- The client failed to abide by their contract. When you and your attorney agree to work together, you will likely sign a contract that outlines payment, response time, and each party’s obligations in the attorney-client relationship.
- The client refuses to be honest. Honesty between an attorney and their client is needed; without the needed information, an attorney cannot best help their client.
- The client fails to or does not wish to follow the attorney’s advice. While clients and attorneys do not always agree, an attorney may take a step back if they feel like their client would benefit from another attorney with different experience, strategies, or approaches.
- The client wants to employ an unethical strategy. An attorney may withdraw if their client wishes them to do something unethical or that goes against their oaths of admission.
- The attorney cannot meet the demands of the client. In some cases, the client may have expectations for their attorney that are either unrealistic or not feasible. If these demands interfere with the attorney-client relationship or affect the case, an attorney may decide to take a step back.
- The client has done something that is unethical or that the attorney doesn’t agree with. For instance, hiding assets during a divorce is illegal, and an attorney may step back if their client is discovered to have been concealing assets or debts. Using Ye as an example, an attorney may also withdraw representation if their client is harassing the other party or engaging in unethical practices or behaviors outside of the court.
It is important to note that withdrawing a case is different from recusing oneself. A judge or attorney recuses themselves from a case because of a conflict of interest, such as economic interest in the case, personal knowledge concerning the case, a relationship with those involved in the case or their attorneys, etc. Withdrawing from a case, on the other hand, refers to an attorney deciding to decline or terminate the relationship with a client.
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