How do I dismiss my lawyer?
August 5, 2006 11:13 AM Subscribe
How do I dismiss my lawyer? I know what I need to do and have already found another lawyer. I just need to know the best approach.
I am currently in the middle of a divorce. I retained my current lawyer six months ago and he has done virtually nothing. He does nothing unless I call him or come into his office. I waited about 6 weeks one time, and, when I called back to see what was going on, nothing had changed. I have already found another lawyer who is willing to take my case, but I'm not sure how to go about dismissing this lawyer. I'm angry, but I'm not looking to piss him off. I just want to end this business relationship as painlessly as possible.
I am currently in the middle of a divorce. I retained my current lawyer six months ago and he has done virtually nothing. He does nothing unless I call him or come into his office. I waited about 6 weeks one time, and, when I called back to see what was going on, nothing had changed. I have already found another lawyer who is willing to take my case, but I'm not sure how to go about dismissing this lawyer. I'm angry, but I'm not looking to piss him off. I just want to end this business relationship as painlessly as possible.
Call the lawyer. Works much better. He knows he's screwed up. Give him a quick out--you know how busy he is etc. Pay up completely so you get your file.
posted by Ironmouth at 11:42 AM on August 5, 2006
posted by Ironmouth at 11:42 AM on August 5, 2006
Just call or write him, and say you've retained new counsel, and you need your file. He is also obligated to refund any unearned fees; I am assuming you paid a retainer that the attorney would bill against.
Don't worry about it being "painful." He's really not allowed to argue with you about it---trying to convince you to keep him on as your attorney is improper---and he's not allowed to make it difficult for you to terminate the attorney/client relationship.
posted by jayder at 11:42 AM on August 5, 2006
Don't worry about it being "painful." He's really not allowed to argue with you about it---trying to convince you to keep him on as your attorney is improper---and he's not allowed to make it difficult for you to terminate the attorney/client relationship.
posted by jayder at 11:42 AM on August 5, 2006
If your old lawyer is claiming any outstanding money from you, he can retain your files until the bill is paid (this is called a lien). He ought to be able to justify in terms of work done/letters written/hourly rate any money he is claiming.
If you have cause for complaint about your lawyer, contact:
Lance B. Bracy
Disciplinary Counsel
Board of Professional Responsibility
Oaks Office Tower, Suite 730
1101 Kermit Drive
Nashville, TN 37217
615-361-7500 or 800-486-5714
ethics@tbpr.org
I was a divorce lawyer for many years and, whilst cases would often take time, leaving a client without updates or contact for long periods of time, during what is already a stressful experience, is inexcusable.
posted by essexjan at 11:44 AM on August 5, 2006
If you have cause for complaint about your lawyer, contact:
Lance B. Bracy
Disciplinary Counsel
Board of Professional Responsibility
Oaks Office Tower, Suite 730
1101 Kermit Drive
Nashville, TN 37217
615-361-7500 or 800-486-5714
ethics@tbpr.org
I was a divorce lawyer for many years and, whilst cases would often take time, leaving a client without updates or contact for long periods of time, during what is already a stressful experience, is inexcusable.
posted by essexjan at 11:44 AM on August 5, 2006
A piece of tactical advice: before you terminate the lawyer, ask him what your current "billing status" is. It is not unusual for a terminated professional to look back, and decide to pad their final bill: his feelings will be hurt, and will feel emotionally "entitled" to lash out.
If you can, try to get the guy to verbally represent that there are no yet-unbilled charges pending--in front of a witness, if at all possible. Then, gently, let him know that you've decided to go with another counsel. Don't explain, blame, or argue, even if he tries to pull you in this direction.
Remember, your only goal is to put this behind you so you can move on.
posted by curtm at 12:10 PM on August 5, 2006
If you can, try to get the guy to verbally represent that there are no yet-unbilled charges pending--in front of a witness, if at all possible. Then, gently, let him know that you've decided to go with another counsel. Don't explain, blame, or argue, even if he tries to pull you in this direction.
Remember, your only goal is to put this behind you so you can move on.
posted by curtm at 12:10 PM on August 5, 2006
It is not unusual for a terminated professional to look back, and decide to pad their final bill: his feelings will be hurt, and will feel emotionally "entitled" to lash out.
I have to disagree. It's very unusual. It's not unheard of and this guy sounds like a jerk so he might well do it, but the great majority of the bar (inlcuding the matrimonial bar) is well above "padding" a bill -- assuming that by "padding" you mean charging for work he didn't do -- or similar flagrantly unethical conduct.
posted by The Bellman at 12:23 PM on August 5, 2006
I have to disagree. It's very unusual. It's not unheard of and this guy sounds like a jerk so he might well do it, but the great majority of the bar (inlcuding the matrimonial bar) is well above "padding" a bill -- assuming that by "padding" you mean charging for work he didn't do -- or similar flagrantly unethical conduct.
posted by The Bellman at 12:23 PM on August 5, 2006
If he's a decent lawyer (which he may or may not not be, given what you've said), he will understand and go along with whatever is best for you (the Client).
posted by falconred at 2:06 PM on August 5, 2006
posted by falconred at 2:06 PM on August 5, 2006
One other note: if he's the attorney of record on paperwork that's already been filed with a court (ie: if the divorce filing is underway, and not merely being prepared), you likely ought to notify the judge or clerk in question as well.
posted by baylink at 1:29 PM on August 6, 2006
posted by baylink at 1:29 PM on August 6, 2006
Ask your new lawyer. Have her/him sort it out for you -- that's what you're paying her/him for! They should be able to get the relevant papers, and file any required Notice of Acting with the court.
posted by robcorr at 7:50 PM on August 6, 2006
posted by robcorr at 7:50 PM on August 6, 2006
You don't have to contact the old lawyer; the new lawyer will have to contact him anyway, to ask for copies of any relevant papers from your file there (financial docs, etc.). The correspondence asking for these items will start off with an explanation that the new lawyer is your new counsel. If you have client funds on hold at the old lawyer's, this letter can also request that the money is returned to you or written directly to the new lawyer as part of your retainer.
If you want to be the one to tell the old lawyer, but you don't actually want to speak with him, try calling the office at a weird time of day, like 9pm, so you'll get his voice mail. A simple "Hey, I've decided to go with [new lawyer] because I'm looking for a quick turnaround on my case" will suffice.
posted by Sprout the Vulgarian at 9:20 AM on August 7, 2006
If you want to be the one to tell the old lawyer, but you don't actually want to speak with him, try calling the office at a weird time of day, like 9pm, so you'll get his voice mail. A simple "Hey, I've decided to go with [new lawyer] because I'm looking for a quick turnaround on my case" will suffice.
posted by Sprout the Vulgarian at 9:20 AM on August 7, 2006
This thread is closed to new comments.
If you need to do it, a brief letter saying "I have retained new counsel, and she is. . . " would work.
posted by megatherium at 11:26 AM on August 5, 2006