If I Fire My Divorce Lawyer What Happens?
You may decide that you are no longer comfortable with your divorce attorney or that you feel they are not achieving the results you want. Either way, it is important that you understand your rights and how to go about terminating your lawyer’s services.
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You can fire your attorney at any time and for any reason, even if you owe money to him or her! The lawyer must hand over his or her files and records to you promptly. If the lawyer has not turned over your files and records to you within a reasonable period of time, it is a breach of your contract and an ethics violation.
If you are unhappy with your divorce lawyer, the first step is to communicate your concerns to them in a polite, calm and professional manner. This should be done in writing (keep copies) and should describe your specific issues.
It is also a good idea to have an appointment with your lawyer so that you can discuss your situation in person and be clear about what you need. If you do not feel confident enough to talk in person, it is usually better to speak with your attorney over the phone.
Your lawyer should return your calls and emails quickly, send you copies of documents, keep you informed and involved in the case, etc. If you are not getting any of these things from your lawyer, it is a good idea to fire him or her and find a new one.
Many attorneys have several cases at once and often juggle multiple clients at the same time. This can lead to a lack of attention or a lack of communication between you and your attorney.
If your lawyer does not respond to your calls and emails quickly or if they don’t keep you updated on the status of your case, it is time to fire them. They should also give you a written notice of termination and a copy of the terms of their termination agreement.
This is a very important step because it ensures that you do not suffer any loss of representation in your case. This is because the previous lawyer will not be responsible for paying fees and expenses incurred by the new lawyer as they work on your case.
It is a good idea to hire a new lawyer before you terminate your old one, as this will make the process easier and less stressful for both of you. It will also help to ensure that your case does not suffer any interruptions due to the delay in finding a new lawyer.
Another thing to consider is the termination clause in your retainer agreement. It is common for a divorce attorney to require that you pay a certain amount up front and then request payment for hours worked on the case as it progresses. If you fail to pay this, your lawyer can end the relationship and you may lose all of the money you have already paid him or her in the meantime.