How to Fire Your Attorney for Excessive Billing
Lawyers make their living helping other people. However, as with any other relationship, sometimes things go sour between an attorney and his client. Occasionally, this is due to an attorney charging what the client feels is an excessive fee. As a client, it is important to end the attorney-client relationship in a way that will preserve your legal rights. There are steps that you can take as a client to ensure that your case that the attorney has been working on is not compromised in any way.
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Instructions
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Contact your attorney and let her know there is a problem with her billing practices. Refer to any specific violations of your engagement letter that you signed with your attorney when you hired her. Many attorneys do not prepare their own bills; give the attorney the opportunity to fix the problem.
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Search for another lawyer. If you have ongoing legal issues, you will want to have another lawyer standing by to take over your case.
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Call the attorney and tell him that you will no longer be needing his representation. Try to be as polite and nonconfrontational as possible. If you have already retained another lawyer, you can have her call for you. Follow this up with certified letter stating that you no longer wish to be represented by that attorney.
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Ask for a complete copy of your file in a certified letter. This should include all pleadings, motions and other documents prepared by your attorney, as well as any documents you may have provided to him. In most states, the attorney is obligated by ethical rules to comply with your request.
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Investigate any upcoming filing deadlines or statute of limitations that may be close to expiring. Your new attorney can help you make sure that you do not miss an important deadline.
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Request a final bill from your old attorney. If you have paid fees in advance, you should be entitled to a refund. In New York, it is an ethical violation if your attorney does not return advance fees. Additionally, look over old bills and submit to your former attorney, in writing, any disputes that you may have in an attempt to get a refund.
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Tips & Warnings
If an attorney behaves unprofessionally or refuses to turn over your case file, it is possible that they are violating an ethical rules. All state bar associations have procedures for filing a complaint about an attorney. Contact your state's bar association for details on how to file a complaint.
