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Failing Business Relationships: How to Fire Your Lawyer
by Stuart Gelboar
http://www.ylawyers.com
For as important as a lawyer can be when the needs arises
for legal assistance, the business relationship that~s
formed between attorney and client must be one that~s
founded on trust, integrity and the sharing of a common
goal. When something in this alliance breaks down, there~s
sometimes no other option than to seek the services of a
different lawyer ~ which means having to fire the one
that~s been handling the case until that point. Certainly,
firing someone is never a pleasant experience, and often
brings out the worst in people. If the relationship has
deteriorated to the point where the very elements of its
foundation have been crushed, then it~s time to move on ~
but it must be done very carefully.
Once the decision has been made to seek new legal counsel,
don~t make the mistake of firing your lawyer before you~ve
secured another one. Good legal representation can be hard
to find ~ particularly if you~re immersed in a case that
requires someone with a very specific ~ or obscure ~ type
of specialization. After the new attorney has been
secured, be sure to instruct your first lawyer to cease all
communications with any parties that are connected with
the case.
Make sure you put your request in writing, once the
decision is made, and you have found another attorney. Then
either hand-deliver it to your lawyer or send it certified
letter. You will need to have proof, so you cannot rely on
a verbal confirmation. You will also need to have an exact
day when the relationship ceased to exist in order that any
disputes about fees or services can be settled. This
termination of services letter will serve as proof.
Be very professional and fo not use any harrassing or
inappropriate language in this letter, no matter how angry
you may be. Do not exaggerate; just state the facts and any
reasons you have for dismissing this lawyer. As much as
is possible, make reference to conversations you had with
the lawyer as they relate to your reasons for termination.
The more proof and documentation you can provide, such
as relevant events, with their dates and times will be a
big help. Document all you can, and confirm delivery.
Especially if your lawyer agreed to any reductions or
waivers, you should document any pre-arranged
agreements regarding fees and payments. Be sure you can
itemize these. As they say, "If it ain't in writing, it
ain't.", so you should make sure that nothing of this was
in the form of a verbal agreement. If it is not written,
you~ll probably be held responsible for the full amount
of any services, even if you made some kind of agreement
with the lawyer outside of your contract or retainer.
Even though the letter will be dated, directly state the
termination date of the lawyer and his or her services.
Often, letters can be written after the fact and, if this
should become an issue, you~ll have covered all of your
bases within the contents of the letter. Don~t be
surprised, though, if you find that it~s not as easy to
fire an attorney as what you might have expected.
Sometimes ~ particularly if you have a pending court case ~
the judge doesn~t allow the termination of legal counsel,
since it might serve to delay the proceedings.
Yes, it is a complex process, but you will eventually be
able to fire a lawyer you are not happy with or who has not
been handling your case to your satisfaction. But if you
been careful throughout the relationship to document all
communication and any problems as they arose, you can make
that process less burdensome for you.
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