How to fire your attorney

Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer.

Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer. It is best that you gather all your guts and fire the attorney and right off any expenses you have incurred and start a fresh.

When you hire a lawyer to work on legal matters you have the right to professionalism and a commitment on part of the lawyer. Every state has laws on rights of consumers and what a lawyer must do. So, check with the Bar Association or on the World Wide Web what your rights are.

Never be afraid or passive you have a right to: set deadlines, receive copies of all documents, ask for an itemized billing, and get a second opinion when in doubt.

When a conflict on any matter occurs, the first thing to do is communicate. Sulking or speaking behind the back of the lawyer will not help. Be courageous and speak your mind. Many a time just laying the cards on the table can clear matters. If at the end of the meeting the problem remains unresolved you and your lawyer may mutually decide to part ways.

In order to fire a lawyer you must:

• Follow to a‘t’ the agreement made between you and your lawyer. You must include a disagreement clause in your contract and specify clearly the financial liability.
• Have on tab all the papers pertaining to the case and notes of why in your opinion things are not right.
• State clearly in writing why you need to fire the lawyer. And request the lawyer to hand over your file, give you a detailed bill of expenses, and return any retainer he may have in excess of the bill. In case you owe the lawyer money then he has the right to hold on to your file until you settle the dues.

Find a replacement before firing the first lawyer. And ensure that you are not delaying legal process by firing your lawyer in the middle of a series of hearings.

It is not prudent to fire a lawyer verbally. It is best done in writing stating clearly the reasons for firing a lawyer and outlining the payments made as well as terms and conditions determined when hiring the lawyer. Also make sure he receives your letter.

In case of any difficulties approach the courts or ask another lawyer to send him a legal notice. In many states you can submit a complaint about lawyers. Check out the guidelines by the Bar Association of the state you reside in. The law states that lawyers need to follow a code of conduct and must be professional in every way.

Just as it is up to you to hire a lawyer so also it is your choice to fire a lawyer too.