Can I terminate my attorney's services?

Question

I am an heir ( of 5 ) to my mom's will. My attorney is representing me. But since I met him, Jan 19, 2013, he doesn't return my calls.  He doesn't take my calls and he has caller ID and avoids my calls. I was able to get his cell from another client friend. So of course he talked to me.  Now he has my number so he won't answer.  I don't understand why this is happening and I have no idea what has been done for my case. At the beginning, we talked about the fee. In the beginning, I  asked his seccretary if  I need to pay him and offered my email address to open the communication. When I  first met him, he mentioned taking the fee from my part of the estate money.  So I haven't paid him anything only because they said not to.  I finally get him to answer my call after about a week of waiting and my referral friend talks to him in person. Seems I don't get to talk to him til a person finds him in person. This seems weird to me and I am insecure. I don't know the status of my case or what is going on with the case. I have always left polite messages. What do I do? I need to count on a lawyer and I am in the dark with this one. Can I termintae his services? I am running out of time now. Thank you for your time.

Laura Gabel · Answer

You can terminate your relationship with your attorney anytime you want to.  I would suggest seeking out a new attorney with whom you are comfortable.  That attorney can contact your current lawyer, find out what is going on, and represent you going forward.  S/he can also help you if you decide to file  grievance against the first attorney.  Good luck.

Erven Nelson · Answer

Yes, you can and should get a new lawyer immediately.  I can give you some good names.

Don Rosenberg · Answer

You absolutely have the right to terminate your attorney.  Further, your attorney is required to turn over your file to a new attorney and effectuate an orderly transition to the new attorney.  There are rules of professional responsibility that govern these issues.

Georges Shers · Answer

You can terminate the services of an attorney at any time for any reason without cost; if the attorney has done some work on the case they would be entitled to being paid if the agreement is payment on an hourly basis, but if it is from the money gotten from the estate then payment would not be due until then. If one or more of the other heirs his the same interests as you and you trust them and their attorney, see about hiring that attorney too to reduce the overall attorney costs.  There are some attorneys who do not respond to their clients, but it still is wrong not to do so.

Nathan Wagner · Answer

You are free to terminate your attorney's services. Just tell him that you want another attorney, then find another attorney to replace him.

Christine James · Answer

ABSOLUTELY FIRE HIM.  You must be able to feel comfortable with your attorney and your attorney must be responsive.  Interview a few attorneys and find one that you are comfortable with.  The new attorney should be able to assist you in terminating the old one.

Ben Liu · Answer

You should have a retainer agreement in writing. You can always terminate his services, but he will probably ask you to settle up the bill with him. Find a new attorney and have him or her request your file, if needed, from the present attorney.

Victor Waid · Answer

Yes, obtain the services of another probate attorney immediately,  for beneficiary representation, who should have you sign a contract of representation,  with an hourly rate stated, and a down payment against the account. DO NOT DELAY. Don't be expecting a free consultation, as the old saying is "you get what you pay for", and this applies in this area of the law. It appears you are not being represented as you should be.

Erik Broel · Answer

I'm very sorry to hear that this has happened to you.  It is unfortunate that lawyers like this give the rest of us a bad name.  Normally, a client can terminate legal services whenever the client desires to do so.  If you have a written engagement agreement (which I hope you do), then check that to find out what it says about ending the relationship before the natural end of the case.  Since you have not paid this attorney anything, he may request that you pay him something when you let him know you would like to end services, or he may ask that you pay it out of the estate later.  If he actually did work for you, he would be entitled to his fee, although I understand how frustrating this is when he would not talk with you or return your calls.  I would certainly talk with him about whatever fee he presents you with due to his lack of communication.  Once again, I'm sorry you've had this experience.  Based on your description of the situation below, it seems like you should have good legal counsel for this matter.

Charles Perry · Answer

Yes, you can terminate your attorney's service.  The law says that you   can terminate those services at any time.  Now, you will have to pay   the lawyer for any services he or she performed, but you nevertheless   have a right to terminate the contract and hire someone else to   complete the project.

Melissa Conner · Answer

You can always fire your attorney. He may bill you for the work that he's done, but it doesn't sound like he's done much. Attorneys have a bad reputation for being slow to respond. Some of that is because they can be very busy (do you really want an attorney who has no other work to do). Also, attorneys deal with these problems every day, so what feels like a horrible legal problem to the client may not seem so stressful for the attorney. However, it does sound like you're being avoided, and even if your attorney can't answer every call, he should be responding to you and keeping you updated on your case. If you're not comfortable with your attorney, you should find another one. A good attorney-client relationship is important.

Norman Green · Answer

Yes you can terminate him, and you can replace him.

Bernard H. Greenberg · Answer

Yes you can.

Mark T. Peters · Answer

Yes, you can terminate your attorney and hire a new one.

Jayne Sebby · Answer

Yes, you can always terminate an attorney's services unless he or she has been named by a court to handle your affairs (such as a bankruptcy trustee).  Send this attorney a letter stating that you are terminating your agreement to use his services because he has repeatedly refused to communicate with you.  Ask for all records and documents he has about your mother's estate to be returned to you immediately.  If he has done any work on your matter, he is entitled to be paid his regular fee for that work.

Thomas Edward Gates · Answer

You may terminate his services.

James Frederick · Answer

Yes, of course you can terminate the lawyer's services. You may be responsible for any time he has expended working on your matter, thus far. You should contact him and let him know that you are not happy with the way things have progressed and you are interested in seeking a different attorney. I would do this in writing.

Frances Headley · Answer

Yes, you can terminate an attorney's services at any time.  If he is not communicating with you, send him a letter stating you are no longer in need of his services and are seeking representation elsewhere.

James Oberholtzer · Answer

Yes, you can terminate his services.  Just tell him he is fired and hire someone else.

Jonathan W. Barlow · Answer

Of course you can terminate his services. In fact, you probably should terminate his services. There is nothing that requires you to stay with an attorney that is failing to provide good service to you. If your attorney is not actively pursuing your case and protecting your rights, you may lose your rights due to missing deadlines or other time-sensitive issues that must be met. Terminating his services is as easy as talking to another lawyer who will agree to handle your case. You would then notify your old attorney that you have terminated his services. You should not have to accept such poor service from your current attorney when there are many excellent attorneys who will be glad to help you and will be glad to stay in touch with you and keep you informed about your case.

James Maguire · Answer

You can terminate his services at any time. Send the attorney a certified letter telling him that he is discharged, and   to return to you all of the records that you gave him. Then find an attorney who will return your calls.

Charles E. Rohr · Answer

You can terminate his representation of you any time you want. The Rules of Professional Conduct for attorneys in Washington require lawyers to maintain reasonable and regular contact with clients.

John Brennan · Answer

If you have not signed a retainer agreement, or pay him, it would appear that you have not yet engaged this attorney.  Therefore, I would suggest that you inform he or his office that you are not interested in his services and find yourself another attorney.

Dara J. Goldsmith · Answer

You can always terminate his service.  He may be entitled to a fee that is approved by the Court, but you are not required to keep him on board.

Jeffrey Gottlieb · Answer

Client can always terminate lawyer's services. If there is a court case where he's filed an appearance, then a petition should be filed.

Christian Albut · Answer

You can always terminate the services of an attorney.  If you do not like the responses you are receiving from them you can terminate and find another attorney. If a substantial amount of work has been performed than it is harder to do, however you always have that right.

Kathleen Delacy · Answer

Anyone can terminate your attorney.  You need to send him a letter and ask that he send you a final bill and to return your file so you can secure other counsel.  If that doesn't work you can always report him to the Bar Association.

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