How do I fire my attorney?

Question

i am legally divorced but my ex still owes me money for my half of the house. he has to pay by feb. 1 or house goes up for sale. i was also awarded some other property and when i went to pick it up he wouldnt let me take it. my attorney wont file contempt he says just let it go. my ex has also not followed several other court orders and my attorney doesnt seem to care so i think its time to fire him. the money from the house is to be sent to my lawyer and put in escrow - i still owe my attorney money and it was to be taken out of the money from the house - i am not in a position to pay him right now - how do i legally fire him?

Answer 1

First off, go to another attorney, seek their advice. Most attorneys work on a retainer basis, but since you have and issue of property, chances are, like your current attorney they will work contingency. Once you have made a choice with another attorney, all you have to do is write a letter, send it certified mail, basically saying... "... your services are no longer needed in the matters pertaining to my remaining community property issues. I have retained the services of another attorney, and he/she will be contacting you in the near future to obtain the contents of my file." Send the certified letter, return receipt so that you have proof that they received the letter. Take the receipt to your new attorney and they should handle the rest. Regarding the monies owed, talk to your new attorney, and ask if he could negotiate payment of fees when settlement of community property is done.

You may have signed an employment contract retaining his services, but you do have the right to fire him. Suing him would only tie things up forever, and probably would get you no where. I would almost bet he would claim that he was giving you advice which he thought was in your best interest. At this point, he hasn't caused any detriment or residual damage to you yet, besides frustration. But rest assured, you have all the right in the world to fire him if you are not satisfied. Remember, HE WORKS FOR YOU!

One last suggestion, retain an attorney that has experience with divorce/community property issues, their knowledge of that area of law will be worth its weight in gold.

Good Luck, community property issues can be frustrating when the other party isn't willing to cooperate, it can also cause all the assets to be dissolved in fees. Most of the time it is a vendictive act on the other party's part because they are bitter about the entire divorce.

I am in Louisiana, and every State's law is different, but dealing with your current attorney is mostly an ethical issue, which is pretty straight forward.

Answer 2

You can fire him anytime you want. Have some class and just state you no longer require his services as far as getting your stuff call your local Law Enforcement and explain and have them come out while you recover your property. Remember it all has to be spelled out in the divorce decree the call for the Police is Keep the peace and the officer will need all the documentation and will stand there with you while you get your things remember also only the things listed you can take so be ready and have someone with you and if it requires a truck have one ready so have it all together good luck girl

Answer 3

First, let your current attorney know that you're disappointed with your services. Explain exactly what you want him to do. If he refuses to do so, you have a right to fire him. Of course, he still has a right to get paid for the money owed, and in some states, he has a right to keep his work product file until you get current with him, but that does not mean that you can't say, "you're not following my instructions, and I'm terminating you." You just put it in writing. Note that in some places you may be required to get substitute counsel first.

Answer 4

im not sure how you fire him, however what he is doing is breaching the contract that you have with him for his services. you may not only recover the damages from your ex but also have the option to sue you attourney under Tort of negligence and/or breach of contrcat.the court is most likely to support you entirely in the case between yoiu and your attourney. your husband, in not following court orders may now be arrested and kept in prison for up to 2 years.
in regards to not being able to afford another attourney contact the Citizens Advice Bureau regarding representation, also contact frims/chabers/partnerships with the view to pro bono(free/discounted) work with regards to payment in the future should the case be won. On the other hand there is 'no win no fee' representation. the problem with this is that if you do win then fees will be about 1 1/2 higher, but atleast the payment in damages would be higher too.

Answer 5

If you still owe him money and have signed a contract saying the payment goes to him and you're payment is to be taken out, you're legally bound by that contract.

The only solution would be to hire another attorney and sue the first one- but if you can't afford to pay one, how will you ever pay another?

Answer 6

Hire another attorney and have him do the court business to be your new attorney of record, and file a complaint against the old one for gross negligence of his duties to you and faulty execution of the attorney/client contract.

Answer 7

Tell him he's fired, and get another lawyer to sue him for breach of contract. Your new lawyer will help you get the other guy off your back.

Answer 8

ok, heres the version: whilst Reagan and Clinton (between different Presidents) replaced the attorneys, they did so by using fact they have the authority to place human beings in place that extra heavily artwork with their philosophy and did so on the commencing up of their administration (Reagan took out Carter's Democrat attorneys and put in Republican ones, vice versa for Clinton). whilst they have been placed in the lawyer's workplace, they did their jobs as they observed in wonderful condition. What Bush Jr. did became replace attorneys mid-term that he had initially appointed by using fact they weren't polishing off the time table set forth by making use of the administration. in accordance to the fired attorneys, they have been given directives to strengthen the form of investigations against Democrats in key swing states with a view to sway public opinion in those states for the 2006 election. various refused to realize this, rather investigating themes germane to their specific states. there became no indication that any of those attorneys have been doing their activity unsatisfactorily and maximum of them had marvelous overall performance comments. besides the very incontrovertible fact that they have been Republicans appointed by making use of Bush, they interestingly weren't "unswerving adequate" to the GOP reason. As has been suggested many situations, changing those attorneys isn't against the regulation, even nonetheless it will strengthen a query of ethics by using fact the judicial branch of government is being undermined by making use of the administrative branch by making use of coercing it to uphold the time table of the administration over the regulations set forth by making use of the form. Alberto Gonzalez then have been given caught up in a internet of lies and deceit to attempt to rationalize the firings, first claiming adverse overall performance, then claiming he "could no longer remember" being area of it, etc.. So the main difference is: Clinton and Reagan replaced the previous administration's those with their own human beings on the commencing up of their administrations. Then they have been left to do their activity as they observed in wonderful condition. Bush replaced those that he himself appointed by using fact they might not carry out their jobs as directed by making use of the administrative branch of government.

Answer 9

Legally, take your head out of his ***.