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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88854
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am following up on the question. The last hearing is on May

Resolved Question:

I am following up on the question. The last hearing is on May 13. The judge asked plaintiff and defendant to do two things before even arrange the next hearing.
1) Evidence from plaintiff;
2) Mediation.
My attorney told me the defendant's attorney has no knowledge about what the legal complaint is about. In other words, defendant's attorney needs to be educated on this. My attorney didn't move ahead at all on the two matters for next hearing. I contact KY Medicaid and DEA office to find out whom to contact and what do they needs to pull their records as evidence. I give my attorney all the information he needs. The only thing he needs to do is to get judge signed order for the Medicaid and DEA to release information. But this never happens. I also called him and he said it only takes one day because the judge can sign electronic signature. I further asked him whether he contacted defendant's attorney or not. I asked him to communicate my botXXXXX XXXXXne of settlement with defendant side. However, my attorney still not communicating back to me. This pattern of lack of communication is frustrating. Sometimes, I feel my attorney is on the defendant side to delay this case.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and for asking for me.

Many people feel their attorney is not working for them. However, the attorney also has to follow the laws and court process as well. You have to put in writing to the attorney what you want done, since he represents you and has to do what you request in accordance to the law. Thus, if what you are asking is legal for him to do then you have the right to direct what he does in the case. Unfortunately, if he does not want to do this for you, I am afraid your sole recourse is that you have to terminate this attorney and get a new attorney to take your case.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88854
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

What is the quickest procedure to terminate the relationship? Even if I instruct him clearly what to do in writing, a job of one or two day normally takes him a month. I want to call him to get update, he asked me to call him before 9:00am and after 4:00pm. That is okay if he has priority from time to time. But he never return my call or email to even drop a line on the update. He didn't do what he suppose to do.


The new attorney said I have to mail an registered mail to the current attorney and have the attorney sign the termination agreement. Is it necessary? There is also payment to his work. He hasn't send his bill yet. Do I need to tell court or the new attorney will let court know?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up question.

The quickest way to terminate the relationship is to send him a termination letter informing him that his services are no longer required and what your new attorney is telling you is correct. You need to send him the letter that he is terminated with the termination agreement and then it is up to the new attorney to file an entry of appearance/substitution of counsel with the court.
Customer: replied 1 year ago.

What if there is an disagreement on the billing? For example, if the attorney bill for 100 hours and I think it is not reasonable given the work.


If I own him the money, is this a problem for me to use another attorney?


Is the current attorney's signature necessary on the termination agreement? How soon the new attorney can start working on my behalf?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for our follow up.

If there is a disagreement on billing, you would file a motion in the court to dispute the attorney's fees or you can go through the state bar for fee dispute mediation. If you owe him the money, you can use another attorney still, but you would need to still pay the money you owe.

The new attorney's signature is not required or used on the termination agreement. The new attorney can start working on your behalf as soon as you send the termination notice, but most will want to hold off until you have the termination agreement signed because they do not want to work if they are not going to get paid.
Customer: replied 1 year ago.



Does the previous attorney and I have to sign termination in order to terminate the attorney-client relationship? I guess this is not necessary right?


 


In the last sentence, is the termination agreement between me and the new attorney? Is it related to older attorney?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
The agreement does not have to be signed by the old attorney for you to terminate him. The new attorney wants a termination agreement so he knows exactly what the old attorney will demand from the suit when it is over.

The termination agreement is between you and the old attorney, the new attorney has nothing to do with the termination agreement other than he wants one so he knows up front what the other attorney will get.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88854
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 9 other Legal Specialists are ready to help you

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