Re: Lawyer won't accept "You are terminated"
Posted by James Martin on 11/04/03
Amber; There is nothing in your post to indicate what jurisdiction you are in. I am faliliar with Ontario Canada, but I presume that there are similar Rules and procedures in any common law state. You don't say whether you want to move your file to another lawyer, represent yourself, for forget the whole thing. If the former, then retain that individual/firm; advise of the circumstances, and things shouuld move pretty quickly from there. You also don't say whether or not an action has yet been filed with the court. If so, there should be a very simple procedure whereby a form is filed ( we call it " NOTICE OF CHANGE OF SOLICITOR )with proof of service on any other parties and your former lawyer. From that point on; your "fired " lawyer will not be permitted to deal with the file in any way. As to refund of your deposit/retainer, most jurisdictions have a quite informal, accessible procedure whereby you go before a court officer, (not necessarrily a judge) where the onus is on the lawyer to demonstrate what fees (if any) he/she is reasonably entitled to, and they would be ordered to refund anything over and above that. Your state's disciplinary body would order the fired Lawyer to turn over the contents of your file to you, or your new lawyer as the case may be
Posts on this thread, including this one
- Lawyer won't accept "You are terminated", 9/27/03, by Amber.
- Re: Lawyer won't accept "You are terminated", 10/04/03, by HL.
- Re: Lawyer won't accept "You are terminated", 11/04/03, by You will never guess/paralegal.
- Re: Lawyer won't accept "You are terminated", 11/04/03, by James Martin.
- Re: Lawyer won't accept "You are terminated", 12/27/03, by billybob.
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