The reality, however, is that many divorce lawyers do threaten to withdraw from the file, particularly if funds are owing. No one should be represented by a divorce lawyer who doesn’t want to represent them because the commitment to the client is not there, although family lawyers are obligated to represent an existing client to the best of their ability. But lawyers are human, and a client is far better off changing lawyers if the family lawyer no longer wants to act for them.

If a divorce lawyer refuses to release the file, the client has the right to obtain a court order forcing them to release the file, particularly if not to do so would prejudice the client's case.

The client has the right to ask the court to adjourn the proceeding so that they can obtain new counsel, and most judges will adjourn a case unless serious prejudice would result to the other side that cannot be compensated by paying legal fees to them, or unless there has been a repetitive pattern of behavior by the client (i.e. claiming that they have to change divorce lawyers whenever anything serious is about the happen in the case).

On the eve of a trial, the court may flat-out forbid a divorce lawyer from ceasing to act for the client and obligate the divorce lawyer to properly prepare for court on pain of being cited by the court or sued by the client for professional negligence.

However, the situation is clearly not a good one. The client can help themselves by immediately informing the other side that they are changing lawyers and require a short adjournment, so that the other side doesn't waste time preparing for what will be adjourned.

Most family lawyers will agree to release the file on an undertaking by new counsel to protect the file, in effect, to pay the account outstanding from proceeds of the litigation and, if there is an assessment of accounts occurring between the client and the lawyer, to return the file to the other lawyer to let them prepare for an assessment.

The client is obligated to move as expeditiously as possible to meet with new counsel and bring them up to speed so that they can proceed on the case. Excessive delay will create an irresistible inference to the court that the client changed lawyers for purposes of delay and therefore the court would be less likely to allow an indulgence the next time around.

The client must quickly retain new counsel and bring them up to speed and cooperate with the other side, so as to minimize the delay and inconvenience.