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AttorneyTom, Attorney
Category: Legal
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Experience:  Attorney
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how do I terminate my current lawyer because she has not been

Resolved Question:

how do I terminate my current lawyer because she has not been helping to gain in our case as the plaintiffs have no evidence against us. She has just been making us pay her for wasted time. Do I have to pay for services we have not payed for since she has not done her job.
Submitted: 5 years ago.
Category: Legal
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
I'm very sorry to hear about the situation. You're entitled to terminate your attorney at any time. You can do so by notifying the attorney that you want to terminate representation. This can be done orally or in writing, though some clients may prefer to do it in writing. The attorney will then withdraw and you will be able to retain different counsel.
If you feel that your attorney hasn't done her job responsibly and if you've suffered damages as a result, that would provide a basis for a legal malpractice lawsuit against the attorney to recover the value of those damages. If your dispute is simply a fee issue, you can contact the local bar association to inquire about dispute resolution programs, as they offer such programs to resolve fee disputes between attorneys and clients. You can find yours here:
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Customer: replied 5 years ago.
I forgot to put that I have called her secretary and asked for her to send me an engagement form if we have signed one. She never has sent it. It's been 3 weeks.
Expert:  AttorneyTom replied 5 years ago.
Thank you for your message. That does not change my answer. However, your attorney will have a duty to provide your client file to you upon terminating representation. If your attorney fails to do so, that could provide a basis to file an ethics complaint with the state bar.
Did you have an additional question?
Thank you.