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| April 07, 2010 |
| How do I FIRE my ATTORNEY? |
| Posted By Thurman Arnold |
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Q. How do I fire my attorney?
You are free discharge your attorney, and terminate his or her services, for any reason at any time. In California this is accomplished with the Courts by both you and your attorney signing a filing a Substitution of Attorney with the clerk of the Court where your case is pending. If you do not have a pending case, you need simply write your lawyer an email or letter telling him to cease all efforts on your behalf.
She must return your entire file, except her notes, within 10 days of a written request. The California State Bar will discipline lawyers who fail or refuse to comply. She must also give you a final accounting on his bill within that time, and return all unused fees to you. Unless you have a true flat fee arrangement, she cannot keep the balance of your retainer.
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| January 17, 2010 |
| I have an attorney but what if I want a SECOND OPINION? |
| Posted By Thurman Arnold |
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Q. I have an attorney. But what if I want a second opinion about my divorce case?
A. Dissolution proceedings generate great anxiety for clients. The circumstances surrounding the breakup of relationships, division of property and debts, sharing of custody, fears about future economics, and being a stranger to a process that clients feel they cannot direct or control quite reasonably tends to cause clients difficulty in evaluating the quality of advice they are receiving. You should not hesitate to seek a second opinion about your family law matter.
We all ought to have a healthy skepticism about what professionals tell us, particularly when the subject affects us in an immediate way on a daily and lifetime basis. It is not uncommon to even become suspicious of one's attorney, or to lose confidence in them. Indeed, a major tactic which parties use to manipulate each other in high conflict divorces involves promoting distrust of the other's lawyer.
And, lawyers may make mistakes like anyone else. Sometimes they lack sensitivity or forget what the client's experience is. Others feel that outright aggression and gamesmanship is what the client really wants. Some lawyers view their role as akin to hired gunslingers. This generates huge fees, and often alienates judges, evaluators, and others important to the outcome of your case. The law does not require that attorneys follow a client's specific direction and tactics (particularly where it is unethical, illegal, or unconscionable). But a problem arises when the attorney and the client do not share or communicate the same goals.
If you have concerns about the quality or legal ethics of representation you are receiving, you may be right. In such cases it is essential that you seek a second legal opinion from a qualified attorney. Too many people rely on the opinions of friends or family, who usually know very little or are allied with a particular point of view about you or your partner that may ignore important considerations.
If you find you have a problem with your present attorney, it is imperative that you not wait until the last moment. If your case is coming to trial or hearing, your legal rights could be negatively impacted by delay. Chances are, since you are reading this, that you need to take some action at once.
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