Senior America's Information Magazine

 

Firing your attorney

What if I have a problem with my attorney 

Firing your attorney - If you aren't happy with the way the attorney you've hired is handling your case, you have the right to dismiss him or her and find another attorney. 

Firing an attorney is however, the last step and starting from scratch with another attorney will almost certainly cost you time and therefore, more fees.

Many times, a client's problem with an attorney is a communications problem. You should always let your attorney know of your displeasure and see if a solution can be reached before firing the attorney or making any formal complaint.  

Keep in mind that if you do fire an attorney, you will probably be responsible for paying for time and costs associated with your case to that point, so it's not a step to be taken lightly. 

That's also why it's important to read and understand any fee for services agreement that you may have signed with an attorney to understand what your financial responsibilities are if you decide to take your case elsewhere.

Once your case has progressed to the point where the attorney has appeared in court on your behalf, a judge will often have to approve a decision to take an attorney off a case.

If you feel an attorney has not acted properly or ethically in your case, you have the right to file a complaint against that attorney with the state bar association.  

Again, try to resolve this situation with the attorney before going to this extreme.  Once a complaint is filed, it puts you at permanent odds with the attorney and personalities can get in the way of a reasonable resolve of the issue.

If you feel that an attorney has billed you improperly for services performed or has failed to refund an unearned portion of an advance payment, you may request that the dispute be submitted to arbitration. Most Bar associations maintain a statewide fee arbitration program or similar such program to assist in resolving fee disputes without the necessity of litigation.

Disclaimer:  These pages are created to inform and educate the public only.  They are not and should not be considered legal opinions or advice.  You do not and cannot have any client-attorney relationship with SeniorMag or any of its employees.  You should not act upon legal advice found on SeniorMag and are advised to seek professional counsel before taking any action based upon information found on this site.  

 

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