Divorce Guide

Divorce Guide

How to fire a divorce attorney ?

Many a times it comes to fire your divorce lawyer. Many a times you may have a personality clash with the lawyer and you cannot trust your lawyer. You may feel that your case is mishandled and your attorney may feel tired of the whole thing. Your lawyer may not return your calls and you feel that your spouse is always winning the hearings.

When to fire divorce attorney?

  1. Your attorney does not understand your position and does not agree with your views
  2. You have no communication and the ones you have are regarding money
  3. Attorney does not give any explanation and discussions and ignores your instructions
  4. Attorney is not interested or is too busy to spend time on your case
  5. You have spend considerable money without any results
  6. Showing up late for your court hearings
  7. Your spouse is always winning all the hearings

How to fire a divorce lawyer?

If your divorce papers are not filed in the court, and you have not filled any specific forms in the court then, you need not notify your lawyer in writing. In case your case has been filed then the firing process of your lawyer becomes a bit complex. You may need to fill the substitution of attorney form in the court and file it.

  1. Document all the reasons you feel and write down the events as they occur. Include the date and timings of the events.
  2. Contact your divorce attorney in writing by sending a certified mail. Write the reasons why you are unhappy in the mail. Let your attorney know that in case things do not improve, you will take appropriate action. Give the attorney some time to rectify the mistake and get an explanation. Keep a copy of this in case you need it in the future.
  3. In case you do not see any difference and there is no explanation, you may send another certified letter letting them know that you have fired the attorney and the firm.
  4. Review your retainer contract and see if you can get your money back. Some times half of the retainer is non refundable and you can always try asking.
  5. You may contact the state bar association and file a complain against the attorney. You can do this in case there is a violation of any rules outlined by the bar. In case your attorney turned up late, has poor communication you can file a complain. In case many such complains are there the bar association will take action against the attorney.
  6. You can hire a new lawyer and tell your attorney about the change. Your new lawyer may then call the lawyer and arrange to get your file.
  7. You can also send your lawyer a personal note. You can send a thank you note for the past services and stating things briefly. It is not necessary to tell a reason for firing but it is always good to have some documentation. In case, your attorney was involved in any misconduct, your letter may be useful in some later legal action.

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