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Legalinfomd
Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 150
Experience:  Attorney with 24 years of experience in business law.
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My attorney is too slow. How do I fire him? Hi, I am

Resolved Question:

My attorney is too slow. How do I fire him?

Hi,
I am in the process of filing lawsuit against a defendant. The lawsuit is for the mis-representation of business earning when he sold his business. Besides, the defendant also engaged in non-legitimate billing to Medicaid program.
The case was filed. But the sheriff failed to serve summons. From now from the time of the last attempt of the sheriff to now, it is more than one month. The next step is to order special process server. So far, the motion of special process server still not at the court. Basically, for each step, the job of a couple of days took him at least one month.
I have to call court office to check and find out what paper work is needed. His office does not follow the status of sheriff closely. If I do not urge them to file special provess request, it could be two month delay. I send many emails and leave voice messages and I only got one response per 10 such inquiries. His hourly rate is $250. and the case is a promising. I do not think I have difficulty to find another attorney. If I change attorney, how could I ensure not end up with the same inefficient one? Also, can the plaintiff handle the communication such as order special process server,and order warning order(if process server fails) by himself. I found the dedication of the work ethinic is important.
Submitted: 1 year ago.
Category: Business Law
Expert:  Legalinfomd replied 1 year ago.

Legalinfomd :

Hello. I will respond to your question.

Legalinfomd :

You certainly have legitimate reasons to terminate your lawyer. You may terminate your current lawyer by simply sending him a letter notifying that you are terminating his representation effective immediately, and requesting that he have your file ready at the front desk for you to pick up. you will have to pay any balance owed to him in order to get your file. The lawyer will then withdraw his appearance from the case.

Legalinfomd :

The best way to find a lawyer that is good is to ask friends and business aquantences who have used a lawyer in the past with whom they were please with his or her work ethic. A referral from past experience is the best source.

Legalinfomd :

I hope that this information is helpful. Please be sure to leave a positive rating for my response so that I will be compensated for my time. Thank you and good luck with your law suit.

Customer:

So far, the only work my attorney did is to file the first lawsuit. I was told it was a maximum 8 hours work. He took more than a month. Since we haven't sign any attorney client agreement when he started working on my case, if he charges more than reasonable, will he hold my file before he get paid in full? Do I need to tell the court that I have terminated attorney relationship?

Legalinfomd :

He could try to hold your file until you pay his bill, but as a practical matter, there may not be anything in his file that you need. You may have copies of any paperwork you gave him, and you can get copies of any pleadings from the court file. If that is the case, you can just send the lawyer a letter advising that his representation is terminated, and send a copy of that letter to the court.

Legalinfomd :

I hope that this additional information is helpful. Please be sure to leave a positive rating for my response so that I will be paid for my time. Thank you.

Customer:

Should I tell court the name of new attorney if I get one? I just need to notify the court that I terminate the attorney/client relationship with the previous attorney.

Legalinfomd :

If you hire a new attorney, that attorney will file an entry of appearance with the court.

Legalinfomd :

If you engage a new attorney, that attorney will file an entry of appearance with the court.

Legalinfomd :

Please remember to click on a positive rating for my response so that I will be compensated for my time. Thank you and good luck.

Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 150
Experience: Attorney with 24 years of experience in business law.
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