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.
