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How do I change lawyers during a divorce? Will a new lawyer be able to have access to previous orders and information?

Wheaton, IL |
Filed under: Divorce

The lawyer does not seem to be working to help get the most equal division of assets of the marriage for the husband. He is not keeping the client informed.

Attorney Answers 4

  1. Yes you simply inform the attorney he is fired . The best way is in writing. This can be done by email or even facsimile transmission. You are entitled to an itemized bill for his services and your file containing your previous court orders and other information. Your new lawyer will prepare a Substitution of attorney and you and she will sign and then send to the fired lawyer for signature before filing in the court. Good luck.

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  2. Tell your attorney you are terminating representation. Hire a new attorney. This can be done in either order. If you hire a new attorney first, they will prepare a substitution which enters their appearance and withdraws your former attorney's appearance. If you fire your attorney first, they will file a motion to withdraw, after which you will be given a set time to file an appearance or have an attorney file an appearance on your behalf.

    Your new counsel will have access to the entire court record through the court system or you. You should also have or be able to get a copy of your file from your former attorney.

  3. You merely hire another attorney, and he or she will contact your first lawyer and arrange for the substitution. The new lawyer will have full access to everything that is needed.

  4. Changing attorneys is not a difficult matter. The new attorney will prepare a Substitution of Attorneys once you have retained him/her for you to sign. The new attorney will arrange for the turnover of the file. The current attorney does not have the right to hold on to your file documents once they receive the Substitution.
    Elliot Heidelberger

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