West Virginia Notice to Fire or Terminating Authority of Attorney

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State:
Multi-State
Control #:
US-01163BG
Format:
Word; 
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Description

A client generally has the right to terminate the relationship with the client's attorney, at any time with or without cause. An attorney is entitled to notice of the discharge. Although such notice need not be formal, it is preferable that the notice be in writing and signed by the client.


On the other hand, an attorney is not at liberty to terminate the relationship or to abandon a case without reasonable cause. If such cause does exist, the attorney may terminate only on giving reasonable notice to the client and usually after obtaining an order from the court in which the attorney is representing the client (if a court action is involved).

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FAQ

(d) A lawyer shall not terminate a representation until the lawyer has taken reasonable* steps to avoid reasonably* foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel, and complying with paragraph (e).

Rule 1.6 - Confidentiality of Information (a) A lawyer shall not reveal information protected by the attorney-client privilege under applicable law or other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be ...

A Power of Attorney (PoA) can be revoked while the principal is mentally sound. If the principal passes away, it is automatically canceled. To revoke a PoA, the principal must provide written notice to the agent, sign the document in the presence of a notary public, and deliver it to the agent.

If you are competent and wish to revoke a power of attorney, you will need to send a signed notarized letter revoking the power of attorney to every place your agent used the power of attorney, as well as every place the agent might use the power of attorney.

Rule 1.6 - Confidentiality of Information (a) A lawyer shall not reveal information relating to representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b).

Rule 1.9 - Duties to Former Clients (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives ...

Rule 1.16 - Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of the Rules of Professional Conduct or other ...

§39B-1-110. Termination of power of attorney or agent's authority. (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (4) The power of attorney terminates.

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West Virginia Notice to Fire or Terminating Authority of Attorney