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Do i have a right to fired my lawyer if she didn't show up at the motion of hearing and the pre trail

Dallas, TX |

my lawyer call me 40 mins before the pretrail stating she's in san antino and that she sending her assistant which i never met. She say there was no testimony so she does not have to show up, i pay her 1000 and now i have a bench trial, will it cost me more if i hired another lawyer for my bench trial for the divorce and can i fired her and get my money back, she had me sign a contract but it doesn't stated she wont be there to represent me

Attorney Answers 4


  1. First part of the question: You always have a right to fire your lawyer.
    Second part: Is it justified or prudent because another lawyer in the law firm represented you at the pretrial conference, and it will cost you more overall to hire another lawyer?.

    While I can understand why you're upset, if the pretrial conference was of the usual nature, that is the judge asking whether there could be a settlement, whether the parties are going to trial, is all discovery done and so forth, usually another attorney can handle that sort of thing competently after reviewing the file and speaking to the principal attorney.

    So, bottom line, before firing my attorney and finding other counsel, I'd speak to my attorney first - ask for a meeting and say you don't want to be represented by another attorney at the bench trial, and if the lawyer can't commit to that, I would find another attorney.

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  2. Jack has given you a good answer. You always have the right to fire your lawyer and hire another. However, is that the best option at this point? You should speak to other local attorneys immediately to find out what they would charge and what they can do for your case.

    Can you get your money back? That depends on what your contract states.

    Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas, Irving, Texas and Kaufman, Texas. We do not have an attorney-client relationship. My use of Avvo is not intended to form an attonrey-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney. Do that before making any important decisions.


  3. It looks like you've already received two (2) excellent answers. Best of luck to you.


  4. My guess is that the contract you signed when you hired your lawyer says that the money you have paid her, whether as a retainer or a fee, is non-refundable. If so, your $1,000 is gone no matter what.

    I strongly suggest that you have a face-to-face conference with your lawyer, express your concerns and get your questions answered. Changing lawyers in mid-stream is a fairly radical step and almost always more expensive than sticking with one lawyer from start to finish. I suggest that before taking that radical step, you make a determined effort to work things out with your current lawyer.

    Good luck.