Can I Fire My Divorce Lawyer?

Should I Fire My Divorce Attorney?

Firing a lawyer is not an easy decision, particularly if they have been working on your case for a while and you do not want to prolong your divorce. However, if you believe that your divorce lawyer does not meet your needs and you believe you could receive much better representation elsewhere, you should not hesitate to fire your divorce lawyer.

Some reasons you may want to find a new lawyer include:

Family law is personal, and having the right divorce lawyer should be your top priority. Do not feel guilty if you need to fire your divorce attorney. If they are not the right match for you, then it will be much more challenging to get the results you want from your divorce case.

How Do I Fire a Divorce Lawyer in Houston, Texas?

Before firing your current lawyer, it is important that you seek new counsel immediately so that you are not unrepresented at any point during your divorce case. Your previous lawyer can then pass on important information to your new attorney, such as court and hearing dates, deadlines, and any information that is important to your case.

Once you have found a new lawyer, you should follow these steps to fire your old attorney:

1. Read your engagement agreement – When a lawyer takes on a new client, they write up a retainer or engagement agreement detailing the terms of your relationship and procedures for ending the contract. Ensure to check this agreement before proceeding with firing your lawyer.
2. Send a letter of termination – You must inform your attorney through writing that you no longer want to retain them as your legal representative. This letter can be by post or through email and should specify that you no longer need their services. You should request that the attorney stop working on your case immediately and hand over all files and documents to you or to your new family law attorney. If you have any outstanding bills, ensure to request an itemized bill detailing your costs.
3. Sign a Consent To Withdraw – After formally terminating the contract with your lawyer, they will write up a Consent to Withdraw document that you must sign, and they will issue it to the court. This document is your way of formally notifying the court that your current attorney will withdraw from your case and be replaced with a different lawyer.

If you feel that the relationship with your current lawyer has gone bad due to personality conflicts or that they are not putting in the work to ensure that you and your ex-partner can come to an amicable agreement, then it might be time to hire a new lawyer. One of the family law attorneys from our law office can help you with firing your previous lawyer.

How Do I Get My Retainer Fee Back?

When clients initially hire lawyers, they are required to pay a retainer fee. This fee is paid in advance of any work being done, and functions essentially as a work-for-hire type contract. If you have paid a retainer fee to your previous lawyer and now want to change attorneys, you need to do the following to ensure you get refunded any retainer fee that hasn’t been used, or that has been overcharged:

• Get copies of the retainer agreement – You can assess whether you were billed accordingly by reading through the agreement. An attorney can help you analyze the retainer agreement to ensure you weren’t overcharged.
• Speak with your previous attorney – They may have simply made a mistake by overcharging you, and you can try to come to an arrangement together.
• Formally request a refund in writing – Once you have requested a refund, your attorney should take all appropriate steps to ensure that you get refunded the retainer fee.

If your old attorney is hesitating to refund you any money that you are owed, you should seek legal advice as soon as possible.

Can I Fire My Divorce Lawyer?

If you are still wondering whether you can fire your lawyer, the short answer is yes, you can. Family lawyers are supposed to guide you through your divorce and make the process as seamless and easy as it can be. If your lawyer is doing the opposite, and you find yourself feeling stressed when you think about how they are representing your case, it is time to find new legal counsel.

Our family lawyers at Skillern Firm Divorce & Child Custody Lawyers are highly experienced in dealing with divorce cases. We prioritize mediation to ensure that all parties are equally heard and to prevent permanent damage to relationships. If this is not possible, we will take your case to trial and fight tooth and nail to ensure your settlement is fair.

Do not waste any time contacting us if you are looking for a new legal representative. The sooner you do, the more time we have to get up to date on your case.