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About to change lawyers, is overlap ok?

Modesto, CA |
Filed under: Professional ethics

I am going to change lawyers because I prefer a local lawyer with less fees.
My lawyer will charge copying fee for my documents.
But there is one hearing coming up that that think my lawyer is best equipped to handle.

But I am not a lawyer.

It may turn out that I have two lawyers working at the same thing at the same time.

Is there a best way to handle this?

Attorney Answers 4


  1. 1- Not sure atty can charge for copying the file;
    2- Ask your lawyers which way they think it's best.

    http://www.calemons.com/


  2. I am of the opinion that the attorney can charge whatever fee you agreed to in the fee agreement. Usually there is a per page copy fee charged to clients for copies. Unless there is an ethics opinion to the contrary, my believe is that the attorney should not have to absorb the cost of copying.

    You certainly can call the State Bar to verify.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.


  3. I would try to avoid the overlap. Have your new attorney send a letter to the old attorney that he or she is taking over your representation. Then there is a clear cut ending and beginning date of representation. When this letter is sent is between you and your new attorney. If you feel the old attorney is better equipped to handle this hearing, have the new attorney take over after the hearing.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. I agree with my colleague but I need to add that in many cases you can ask your present attorney to get a short postponement of the case since a change of representation is taking place.
    Your previous attorney must first withdraw from the case and your new one must give notice of appearance . You r entitled to your file as long as you paid your attorney .

    Ask your attorney directly how much he/she wants for copies.
    The best politic is to ask to provide u the cost for copies in writing.
    I.E how many pages how much an hour for secretary to copying etc.
    Your communication must be in writing if you foresee that your present attorney becomes adversary to your interests.

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