Sometime you might become unhappy with your attorney or with his or her services. You can talk with him to iron out your issues of problems. Direct communication can help you in clearing up some misunderstandings. Alternatively, you can write down your issues or concerns and then request a response from him or her. Depending on the response obtained, you can decide to terminate your lawyer-client relationship with him or her if you are still uncomfortable or unhappy with his services. You can learn the process of changing your lawyer by going through this article.
Ideally, any person is free to change or fire his lawyer provided he or she has written a notice of doing so to opposing party and the court. Any individual who is planning to change his lawyer is required by the law to file a Consent to Change Counsel. Both the retiring counsel and his ex-client are supposed to sign this consent. You can then proceed to hire another lawyer once you are through with this process. However, there are some courts require the signatures and names of the incoming counsel and the current one.
Which are the continuing duties of the fired lawyer?
The state rules govern the general conduct of the hired attorneys. The fired lawyer is expected to forward the client’s property and legal files. This attorney is prohibited from contacting his or her ex-client with the aim of getting him to switch back. In addition to this, there are other duties that are imposed by ethics rules. They include:
- Protecting the confidential information of the ex-client
- Avoid taking unfair advantage of his or her ex-client
- Getting court permission when extending the deadlines in the case affecting his ex-client
When do you need to change your lawyer?
Studying the ethical rules
Just like with the other professionals, lawyers are required to follow certain rules whenever they are representing their clients. Any attorney who has violated these rules should be fired and changed. The ethical rules of conduct include confidentiality, diligence, competence, and safeguarding property.
Looking at your bills
Sometimes you might be uncomfortable or unhappy with the litigation’s cost. Your monthly bills should be looked over. You can get copies from the attorney if you do not have them. It should not have unannounced increases or clerical’s support charges. It is also important to look at the engagement letter. That was signed at the begging of the representation. Any task that is billed as well as the rate charged should be spelled out clearly in details.