How to Fire an Attorney

When a client is unhappy with his legal representation, he may want to fire his attorney. It is often a good idea to hire a new attorney before firing your current attorney, so that there is no lapse in legal representation. Firing an attorney should be done properly so that the process goes quickly and smoothly. If you want to fire your attorney, don't be intimidated. Arm yourself with the knowledge you need to correctly fire your attorney and get your case files.

Instructions

1. Read your client attorney contract to see if it states any special procedures that must be followed to terminate attorney services. Follow any special rules that the contract states. A common rule in contracts is that notice of terminations must be given in writing. The contract might stipulate that the attorney gets a percentage of any winnings in the case. The attorney may be entitled to a percentage of any winnings even after they are terminated. If this is the case and you intend to hire a new attorney, you need to let the potential new attorney know. Give the new attorney a copy of your client attorney agreement so that he can work out any financial issues with your previous attorney.

2. Hire a new attorney to assist you with your case or make the decision to fight the case on your own. If you decide to fight the case on your own, arm yourself with as much legal knowledge as possible to enhance your chances of winning your case. The court legal library is a good resource for legal information. Some courts have free legal clinics to assist people who are representing themselves in court.

3. Send a certified letter to your attorney telling him that you are terminating your relationship. You do not need to list a reason for termination unless the contract states that a reason is needed, although that is rare. You have the right to fire your attorney without explanation. Make the letter short, polite and to the point. Include in the letter instructions about where to send your case files. If you have hired a new lawyer, have the case files sent to your new attorney. Include the new attorney's name and address in the letter. Otherwise have the case files sent to your address. Include your address in the letter. You can also ask for the attorney to allow you to personally pick up the case files. If the trial on the case is set in the near future, it may be necessary to pick the case files up in person, to get a hold of them in a timely manner. In the letter, ask for a financial accounting of charges for which the attorney has billed you.

4. Request a refund from the attorney if you still have excess money on account. If you owe money, send him a check to pay off the amount due. The attorney may not release the case files to you or your new attorney if an outstanding balance is due.

5. Notify the court where your case is being heard of your change in representation. If you are representing yourself, let the court know. A party that represents themselves is called "in pro per or pro se". Ask the court clerk or the court legal aid service which form you need to fill out for a change in representation. If you have a new attorney representing you, let the court know who the new attorney is. The new attorney should notify the court for you.