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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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When a client properly ends their attorney's legal services

Customer Question

When a client properly ends their attorney's legal services but the case is still ongoing, who shall notify the court the attorney is no longer the attorney of record on that case?
Submitted: 4 months ago.
Category: Legal
Expert:  Taylor replied 4 months ago.

Hi my name is ***** ***** i would be happy to help you with your question.

Expert:  Taylor replied 4 months ago.

You have fired your attorney that you hired for this case?

Expert:  Taylor replied 4 months ago.

do you have a copy of the attorney-client contract you signed at the beginning of representation?

Expert:  Taylor replied 4 months ago.

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters. Don't get into details about why you're firing the lawyer; it's not relevant.

In the letter, request all of your files. Or, if your new attorney is handling the transfer of files, ask your old lawyer to cooperate with your new lawyer in this respect. Set a deadline for handing over the files, and detail how you want to receive them.

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

The process of changing attorneys can be stressful, but if maintaining a professional demeanor while dealing with your old attorney should make things go much more smoothly.

Expert:  Taylor replied 4 months ago.

Oklahoma statute title 5, ch 1 (3-a) rule 1.16 shows when you can discharge an attorney:

[4] A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer's services. Where future dispute about the withdrawal may be anticipated, it may be advisable to prepare a written statement reciting the circumstances.

[5] Whether a client can discharge appointed counsel may depend on applicable law. A client seeking to do so should be given a full explanation of the consequences. These consequences may include a decision by the appointing authority that appointment of successor counsel is unjustified, thus requiring self representation by the client.

[6] If the client has severely diminished capacity , the client may lack the legal capacity to discharge the lawyer, and in any event the discharge may be seriously adverse to the client's interests. The lawyer should make special effort to help the client consider the consequences and may take reasonably necessary protective action as provided in Rule 1.14.

Expert:  Taylor replied 4 months ago.

does this adequately answer your question?

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