Terminating Attorney

You can simply ask the Court to dismiss your attorney. You have a constitutional right to counsel, but you can waive that right and, unless the court determines that you are incompetent, you have the right to represent yourself.

The withdrawing or discharged lawyer must take action to protect the client's interest. These steps include giving reasonable notice of withdrawal, allowing time for retention of another lawyer, and promptly returning papers and property to which the client is entitled.

Firing Your Lawyer. If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.

As stated above, it is uncommon for an attorney to drop or withdraw from a case in the midst of it.If you are in the middle of litigation, an attorney will need to ask for the permission from the court before they can withdraw. Withdrawal is typically granted by the court unless special circumstances apply.

Stay calm, rational and polite. Give reasons for terminating the relationship, but keep emotion and name-calling out of the conversation. Follow-up with a phone call. You can start the process with an email, but you should follow-up with a phone call to talk your client through the process and answer any questions.

Identify the Subject Matter. For your letter to be effective, it needs to be direct to the point. Give Final Reminders. Summarize the Fees. Reaffirm the Termination. Suggest to Save Copies. Describe Any Measures.

The Rules of Professional Conduct of the State Bar of California specify three circumstances under which an attorney must terminate a client relationship: (1) where the attorney knows or should know that a client is bringing an action, conducting a defense, asserting a position in litigation, or taking an appeal,