Answer: It may be difficult now to fire the attorney, but not impossible. A letter should first be sent to the attorney firing him/her as attorney of record. Second, at the next scheduled hearing date the defendant should make a record of the firing and provide the reasons why and request a new attorney be appointed.
A form disengagement letter (also known as a withdrawal letter or a termination of engagement letter) sent by an attorney or law firm to a client when withdrawing from representation in a litigation matter. This Standard Document has integrated notes with important explanations and drafting tips.
If your agreement doesn't outline a process for terminating the relationship, send a certified or registered letter to the attorney's place of business, stating that you are terminating the professional relationship and that they should immediately cease working on any and all matters related to your case.
Can you fire your attorney? The simple answer is yes. You can fire your lawyer, however, you cannot fire them without good cause. To fire your lawyer you must be able to prove, in writing, that your lawyer is not doing what they are supposed to be doing in your case.
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
When must I withdraw from representation? (1) When ongoing representation will result in violation of the ERs or other law; (2) when your physical or mental condition materially impairs your ability; and/or (3) when the client fires you.
The decision to decline a representation is best to communicate that declination in writing. "Non-engagement letters" should clearly inform the prospective client that the law firm will not represent the prospective client in that matter and that he or she should not rely on the lawyer for any advice or legal action.
Even if the matter is not pending before a tribunal, the ethics rules of most states provide that a lawyer cannot withdraw until he or she has taken reasonable steps to avoid foreseeable prejudice to the rights of his client, such as giving notice to the client, allowing time for employment of other counsel, delivering ...
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
Always terminate the relationship in writing. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter. Taking these steps will ensure there's no confusion about the status of the relationship.