Is Your Lawyer Up to It? 3 Ways to Evaluate Whether You Need a Change

It starts small.

A call that doesn’t get returned. A meeting that gets rescheduled. Then another week passes with no update on your matter.

You tell yourself they’re busy. Lawyers are always busy, right? They’ll get to it.

But the silence continues. When you do finally connect, you get the sense your lawyer can’t quite remember the details of your case. Or their files seem disorganised. Or they’re juggling so much that your matter has clearly slipped down the priority list.

You’re paying serious money. You deserve more than this.

If you’re reading this article, you’re already questioning whether your lawyer is up to the task. That instinct is worth listening to. The question isn’t whether lawyers get busy (they do), it’s whether your matter is getting the attention and expertise it deserves.

Here’s how to evaluate whether it’s time for a change, and what to do about it.

How do you know if your lawyer is performing?

Before we get to the warning signs, let’s establish what good performance actually looks like.

A good litigation lawyer doesn’t just react to what the other side does. They don’t keep you in the dark between court dates. They don’t make you feel like you’re bothering them when you ask for an update.

Instead, they give you clarity. They tell you what the key issues are, what the strategy is, and what success looks like. They communicate proactively, not just when you chase them. They treat your matter like it matters.

Can you answer these questions about your current matter?

• What are the three critical issues that will decide the outcome?
• What is your lawyer’s strategy for addressing each one?
• What does success look like, and what are the realistic pathways to get there?
• When will the next significant milestone happen, and what needs to be done before then?

If you can’t answer these questions, the problem isn’t that litigation is complex. The problem is your lawyer isn’t giving you the clarity you need.

Litigation involves high stakes, long timeframes, and serious costs. You should never be left guessing where things stand or what happens next.

1. Assess the warning signs your lawyer isn’t up to it

Not every lawyer is suited to every matter. And not every lawyer who takes on your case will give it the focus and rigour it deserves.

Here are the warning signs that should make you stop and reassess.

Unreturned calls and cancelled meetings

Your calls aren’t being returned promptly, or you’re not given a reasonable timeframe for when your lawyer will get back to you. You’re respectful of weekends and public holidays, but the silence stretches on.

Meetings get rescheduled. Then rescheduled again. Or cancelled altogether with minimal notice.

One missed call is understandable. But when it becomes a pattern, it signals that your matter isn’t a priority.

Important documents aren’t ready when promised

Your lawyer promises a draft affidavit, a letter of demand, or a defence by a certain date. The date passes. You follow up. They apologise and promise a new date. That date passes too.

Emergencies happen. Court deadlines shift. But when delays become the norm rather than the exception, it’s a sign your lawyer is overcommitted or disorganised.

You need to know that when your lawyer commits to a deadline, they’ll meet it. If they can’t, they should tell you in advance and explain why, not leave you chasing them after the fact.

Your lawyer asks for information you’ve already provided

You’re asked to complete forms you’ve already completed. Or provide documents you uploaded weeks ago. Or re-explain details you covered in your initial meeting.

Everyone makes mistakes. But if your lawyer repeatedly asks for information you’ve already given them, it’s a sign your files are in disarray.

Good lawyers maintain organised, accessible records. They don’t make you do the work twice because they lost track of what you sent them.

Repeated requests for time extensions without explanation

Your lawyer keeps seeking extensions from the court or from the other side. Extensions themselves aren’t necessarily a problem. Sometimes you need more time to prepare properly, or circumstances genuinely change.

But if your lawyer is requesting extensions repeatedly without explaining how it serves your strategy, or without discussing it with you first, that’s a red flag.

Extensions cost you time and money. They can also signal to the other side (and to the court) that you’re not prepared or not taking the matter seriously. A good lawyer only seeks extensions when there’s a genuine strategic or practical reason, and they explain that reason to you upfront.

Missed deadlines and court notices

This is the most serious warning sign.

You receive a notice from the court or from the other side saying a deadline has been missed. Or that your case is at risk of being dismissed for lack of activity. Or that the other side is seeking cost orders against you because of procedural failures.

If this happens even once, you need to have an urgent conversation with your lawyer. If it happens more than once, you need to consider changing lawyers immediately.

Missed court deadlines can be catastrophic. They can result in your case being struck out, in default judgment being entered against you, or in significant cost orders that you have to pay personally.

A competent lawyer manages deadlines carefully and builds in buffers. Missing them is not a minor administrative error. It’s a fundamental failure.

Lack of strategic communication

Beyond the logistics, there’s a more subtle warning sign: you don’t actually know what the strategy is.

Your lawyer updates you on procedural steps (we filed this, they filed that), but they never explain how those steps connect to your goals. You don’t understand what issues are being contested or why. You can’t articulate what needs to happen for you to succeed.

Litigation isn’t just a sequence of court events. It’s a strategic contest with a specific goal. If your lawyer isn’t helping you see the strategy, they may not have one.

2. Get a second opinion from another lawyer

If you’re struggling to figure out whether your lawyer is genuinely underperforming or whether the problem lies elsewhere, it’s worth getting a second opinion.

Sometimes the issue isn’t your lawyer at all. It might be uncooperative third parties, delays in the court system, or simply the nature of litigation, which can be slow and procedural. An independent evaluation helps you understand what’s actually causing the problems you’re experiencing.

What a second opinion should give you

A good second opinion lawyer will:

• Review your matter and tell you where it stands. Not just procedurally, but strategically. Are the right issues being contested? Is the approach sound? Are there missed opportunities or risks that haven’t been addressed?
• Assess whether your current lawyer’s performance is reasonable. Sometimes delays are unavoidable. Sometimes they’re not. A specialist can tell the difference.
• Give you a clear view of what should happen next. What are the critical steps? What does success look like? What are the realistic costs and timeframes from here?
• Help you understand whether switching lawyers makes sense. Changing lawyers mid-matter involves transition costs, time, and risk. A good second opinion will tell you honestly whether the benefits outweigh those costs, or whether the better path is to work with your current lawyer differently.

What to bring to the meeting

To get the most value from a second opinion, bring:

• All key documents: pleadings, affidavits, court orders, correspondence with the other side
• A timeline of what’s happened so far
• A clear summary of what you’re trying to achieve (your goals, not just your legal position)
• Specific examples of where you think your lawyer has underperformed

The clearer the picture you can give, the sharper the advice you’ll receive.

The value of a litigation-only perspective

Not all lawyers are the same. Many commercial lawyers dabble in litigation but spend most of their time on transactional work. When a dispute lands on their desk, they approach it the way they approach contracts: cautiously, procedurally, without the instinct for strategy and contest that litigation demands.

A second opinion from a lawyer who only litigates gives you a different lens. Litigation specialists see patterns. They know what good preparation looks like, what a strong case theory looks like, and what it takes to get results in contested matters.

At Aptum Legal, we only litigate. We don’t do transactional work. We don’t spread ourselves across practice areas. That focus means we evaluate cases differently. We can often spot issues, risks, or opportunities that generalist lawyers miss.

If you’re questioning whether your current lawyer is up to the task, a second opinion from specialists can give you the clarity you need.

3. Raise your concerns directly with your current lawyer

Switching lawyers may not be the right move yet. Sometimes the issues you’re experiencing can be resolved with a direct, candid conversation.

Before you decide to change lawyers, raise your concerns with your current lawyer in a polite, calm, and specific way.

How to have the conversation

You can do this by email, phone, or in person. Choose the method you’re most comfortable with, but make sure the conversation actually happens. Letting concerns fester helps no one.

When you raise your concerns:

• Be specific. Don’t just say “I’m not happy with how things are going.” Point to concrete examples: “I called three times last week and didn’t receive a response,” or “The defence was due on 15 March and we still don’t have a draft.”
• Stay calm and professional. Even if you’re frustrated, approach the conversation as a problem to solve together, not an accusation.
• Ask for an explanation. Give your lawyer the chance to explain what’s been happening. There may be legitimate reasons you’re not aware of: a month-long trial that pulled them away, delays caused by the other side, or genuine strategic decisions that weren’t communicated clearly.
• Be clear about what you need going forward. If you need more frequent updates, say so. If you need a clear strategy memo, ask for it. If you need better responsiveness, set expectations.

Assess their response

How your lawyer responds to this conversation will tell you a lot.

A good response looks like this:

• They acknowledge your concerns without being defensive
• They give you a clear explanation for any issues
• They take responsibility where appropriate
• They commit to specific changes going forward (more regular updates, clearer communication, better file management)
• They follow through on those commitments

A bad response looks like this:

• They dismiss your concerns or make you feel like you’re overreacting
• They blame you, the court, or the other side for everything without taking any ownership
• They get defensive or hostile
• They make vague promises but don’t commit to specifics
• Nothing changes after the conversation

If your lawyer responds defensively, makes excuses without offering solutions, or puts you down for raising legitimate concerns, that’s often the clearest signal that it’s time to move on.

You’re not being difficult by asking for clarity, communication, and competence. Those are the baseline standards of good legal service. If your lawyer can’t meet them, or won’t acknowledge the problem, the relationship isn’t going to improve.

Making the change: how to switch lawyers mid-matter

If you’ve assessed the warning signs, sought a second opinion, and raised your concerns, and you still believe your lawyer isn’t up to the task, it’s time to make a change.

Switching lawyers mid-matter isn’t easy. But staying with the wrong lawyer is often far more costly in the long run.

The practical steps

Here’s how to make the transition:

What it will cost you

Changing lawyers involves costs:

• Time: Your new lawyer needs to review the file, get up to speed, and potentially redo work that wasn’t done properly the first time.
• Money: You’ll likely pay for that review and catch-up work. If your old lawyer has unpaid fees, you may need to settle those before your file is released.
• Momentum: There may be a short delay while the transition happens, though a good new lawyer will minimise this.

But compare that to the cost of staying with a lawyer who isn’t performing:

• Missed opportunities and weak case preparation that harm your prospects
• Missed deadlines that lead to cost orders or even dismissal of your case
• Ongoing stress and frustration from poor communication and lack of clarity
• Higher overall legal costs because work isn’t being done efficiently

Switching lawyers is disruptive. But continuing with the wrong lawyer can be catastrophic.

What to look for in your new lawyer

When you engage a new lawyer, look for the qualities your current lawyer lacked:

• Clear communication. They explain the issues, the strategy, and the pathway forward in plain language.
• Proactive updates. You’re not constantly chasing them for information.
• Organised file management. They know where things stand without needing to ask you repeatedly.
• Strategic focus. They can articulate the three or four issues that will decide your case, and they have a plan to address them.
• Empowerment. They give you the information and analysis you need to make informed decisions, rather than leaving you in the dark.

At Aptum Legal, these qualities aren’t aspirations. They’re commitments.

We only litigate. That specialisation means we see more disputes, develop sharper instincts, and execute with more precision than generalists. We bring rigour and strategic focus to every matter, and we communicate with clarity from day one.

If you feel disempowered or disillusioned with your current lawyer, we can help you evaluate your matter and determine the right path forward.

What Aptum Legal does differently

The traditional model of legal service delivery is failing, especially in commercial litigation.

Too many firms treat disputes as one practice area among many. The partners dabble in litigation but spend most of their time on transactional work. Junior lawyers handle the day-to-day conduct of matters without sufficient supervision or strategic oversight. Clients are kept in the dark, fed procedural updates without strategic context, and left feeling disempowered.

At Aptum Legal, we’ve built something different.

We only litigate

We don’t do transactional work. We don’t advise on corporate structures or draft shareholder agreements. We litigate.

That focus gives us depth. We see more contested matters, develop sharper case theories, and execute with precision that comes from doing one thing exceptionally well.

When you engage Aptum, you’re working with specialists who live and breathe litigation. Not lawyers who fit it in around their transactional practice.

We give you clarity from day one

Litigation can be complex, but the pathway shouldn’t be.

From the first meeting, we tell you:

• What the key issues are
• What success looks like and what the realistic pathways are to get there
• What the likely costs and timeframes are
• What decisions you’ll need to make and when

We don’t keep you guessing. We don’t feed you procedural updates without context. We give you the clarity you need to make informed decisions.

We focus on what matters

Not every issue in a dispute needs to be fought. Good litigation is about identifying the three or four issues that will decide the outcome and focusing relentlessly on those.

We bring that analysis forward early. We don’t treat litigation as a sequence of procedural steps. We treat it as a strategic contest with a clear goal, and we build the case around the issues that matter.

We empower you to make decisions

You’re not a passenger in your own dispute. You’re the decision-maker.

Our job is to give you the information, analysis, and strategic options you need to make the right calls. We’re transparent about risks, costs, and trade-offs. We’re candid about what we think the best path is. But the decisions are yours.

If you’re reading this article because you feel disempowered by your current lawyer, that tells you something important: the relationship isn’t working. Good lawyers don’t leave clients in the dark. They illuminate the path forward.

Trust your instincts and take action

If you’ve read this far, you already know something isn’t right.

Maybe your lawyer isn’t returning calls. Maybe deadlines are being missed. Maybe you just don’t understand what the strategy is or where your matter is heading.

Those instincts are worth listening to.

Litigation is too important, too expensive, and too stressful to be left in the hands of a lawyer who isn’t up to the task. You deserve clarity, competence, and confidence that your matter is being handled with the rigour it demands.

Here’s what to do next:

The right lawyer transforms outcomes. They give you clarity, focus on what matters, and empower you to make the best decisions for your business.

If you’re questioning whether your current lawyer is up to it, contact Aptum Legal. We’ll review your matter, give you an honest assessment, and help you determine the right path forward.

Disclaimer: This article is general in nature and does not constitute legal advice. You should seek legal advice tailored to your individual circumstances before acting on any information contained in this article.