QUESTION
How do I notify my attorney that he is relieved of his responsibilities if he is not abiding by his contract agreement?
Asked on Feb 03rd, 2013 on Personal Injury - Louisiana
18 ANSWERS
Christian Joseph Menard
A client may fire his attorney for any reason, at any time. If your case has been taken on a contingency basis, however, he may be still entitled to recoup his fees and costs. However, you will not have to double pay him or your new attorney. How the total fees are split between your old and new attorney us typically resolved between them.
Answered on Feb 07th, 2013 at 6:47 PM
Ronald A. Steinberg
I would call, and then follow it up with a letter. Of course, you must keep a copy of the letter. I would specifically tell the lawyer the reasons for termination. You can fire him for any reason, but I think that it is polite to tell the reasons. Hopefully, he will benefit from the feed back. None of us is perfect, and we can all stand to improve.
Answered on Feb 06th, 2013 at 10:47 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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I sometimes say it's like having a girlfriend: You are only a couple so long as both of you want to be together. Once one of you wants to break up, it's over. You may (should) call or write or visit your attorney and tell him that you want to sub him out, either for another attorney or for yourself in propria persona, and he should prepare the substitution of attorney form for you (and your new attorney) to sign without delay. You are also entitled to all your files back without any fuss, although your attorney is allowed to make copies (at his expense). Hope this helps.
Answered on Feb 06th, 2013 at 2:17 PM
James Eugene Hasser
The best way to do that is to give the lawyer a letter saying that you no longer are in need of his services. Good luck.
Answered on Feb 05th, 2013 at 11:31 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Typically when people hire me because they are unhappy with their prior lawyer, which I typically try to discourage, since it is usually miscommunications or unrealistic expectations, I notify the prior counsel. I am pretty sure that your new attorney will handle this for you.
Answered on Feb 05th, 2013 at 11:31 PM
You should write your attorney advising him that you are discharging him under the law, that you want a copy of your file, and to no longer contact you. You should obtain another attorney prior to discharging your old attorney, if possible. I often have clients come to me who are unhappy with their previous attorney and help them with that. Your new attorney can help you with this.
Answered on Feb 05th, 2013 at 11:31 PM
You need to do so in writing, explaining why you are not satisfied with his serves and requesting a refund of monies not utilized.
Answered on Feb 05th, 2013 at 11:28 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Call him on the phone or right him a letter.
Answered on Feb 05th, 2013 at 11:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The best way is to hire a new attorney and let him or her handle it. Other than that, write the attorney a letter and tell him to return your file to you along with any monies in your trust account. Of course, if you owe him money, he will assert a lien on the file until he is paid. If he really did not abide by the agreement, you should probably also file a complaint with the Idaho State Bar.
Answered on Feb 05th, 2013 at 11:26 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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By letter; just send him a letter (preferably by certified mail, return receipt requested) informing him that you no longer desire his services. You need to be aware, however, that if he was representing you on a contingent fee basis, that he has the right to "lien" the file and you would be responsible to him for whatever work he has done on the file. This would be based on what is called "quantum meruit", typically based on a reasonable hourly rate times the number of hours he spent working on your file.
Answered on Feb 05th, 2013 at 11:25 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You should consult an attorney.
Answered on Feb 05th, 2013 at 11:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can write him a letter stating that he no longer represents you, and you want to come and pick up your file. Make it brief. A better way would be to get a new lawyer first, then have the new lawyer write to the first one, and have the file transferred.
Answered on Feb 05th, 2013 at 11:24 PM
Send your lawyer a letter, sign it personally, and keep a copy.
Answered on Feb 05th, 2013 at 11:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In writing, and expect the attorney will still be seeking compensation of the time and expose already spent.
Answered on Feb 05th, 2013 at 11:21 PM
By letter and request a copy of the file.
Answered on Feb 05th, 2013 at 11:20 PM
Send your lawyer a letter stating that you are terminating his or her services effective immediately. If you need a new lawyer, have the new one help you with transferring the file.
Answered on Feb 05th, 2013 at 11:19 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Write him a letter and tell him to either send you your file or that you will pick it up. If the case is on contingency, he or she is entitled to the reasonable value of their services rendered to date, but they will still have to wait until your case is settled to get paid. They cannot hold your files hostage for any reason. If they want to copy the file, tell them to do so at their expense.
Answered on Feb 05th, 2013 at 11:18 PM
Criminal Defense Attorney serving Baton Rouge, LA
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Big River Trial Attorneys
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Send a letter via certified mail saying that his services are terminated and requesting your file. But make sure you will not hurt your case by discharging your attorney.
Answered on Feb 05th, 2013 at 11:17 PM