You have a really good idea about your case. Your lawyer is just not getting it. She never makes the argument in court and does not seem to think it is a good idea. If you are in this situation, ask yourself these questions: is my lawyer listening to my idea? And, is my lawyer explaining to me WHY she is not using my idea?
Lawyers know stuff. We went to school for a long time to learn stuff. We are entrenched in the law. Knowing stuff, however, does not mean that we should not listen and be open to our clients’ ideas. After all, our clients come to us knowing more about their cases and situations than we do.
If your lawyer is not using your idea or not making the argument you want her to make, tell her. And tell her that you want to know why. Often times she will have a good reason, based in the law, why she cannot use your idea. Have her break it down for you. Have her explain it so that it makes sense. Sometimes we get so used to the law that we forget you don’t deal with this everyday and we fail to take the time to explain things thoroughly.
On the other hand, if you answered “no” to the questions above, it might be that your lawyer is not hearing you and is not giving you the responsiveness that you need. If that is the case, it is okay to look elsewhere.