QUESTION

How do I change attorney?

Asked on Sep 17th, 2012 on Wills and Probate - North Carolina
More details to this question:
My current atty. Will not return my phone calls. I am her first client and ask her to handle simple will. I have called 4 times over as many days. I am in texas and she in north carolina.
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1 ANSWER

Any person is always free to discharge his or her attorney and hire another one.  In your case, it sounds like you have asked the lawyer to draw a will for you, and it has not gotten done.  I would suggest the following three steps: 1.  Always, as a first step, call your current attorney, and try to reach an understanding with him or her.  Many times this will  solve the problem.  Of course, in your case it appears that you have tried this without success. 2.  If step one hasn't worked, then notify your attorney that you are discharging him or her, and will find a new attorney.  You can do this verbally, but you should follow it up with a short note or e-mail if possible.  If you have given your attorney papers or other things that you need back, ask the attorney to return those to you as soon, along with your file.  Under North Carolina law you have a right to have the file. 3.  If you have paid money to the attorney, ask for a refund.  An attorney may keep a part of the money in an amount sufficient to pay the lawyer for whatever work has been done, but should refund the remainder.  If there is a fee dispute, there are mechanisms that will help resolve that dispute. Good luck!
Answered on Sep 21st, 2012 at 11:35 AM

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