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I'm firing Atty based on what I think is unethical practices; what steps do i need to take to get him off my case and go Pro Se?

Algonquin, IL |

1st he took advantage of my vulnerability & talked me out of participating in a bankruptcy w / my husband ; crying woman = easy $ $ $ ; now I'll be spending half my settlement on bankruptcy when i could have been done w / it by now . Its been a year since filing for divorce & we've literally gotten nothing done ; after a convo w / my husband we compared notes & found SEVERAL instances of my atty not relaying my " wants " at all or he completely changed them ; I've signed our JPA twice & my husbands atty STILL hasn't received it even tho I've asked mine multiple times to send it ; He claims he had no idea my husband wasn't paying 1 / 2 of daycare ; I have a dozen emails ref the issue going back to July . In the last 2 wks my husband & I have come to an agreement ; 12 months . . . . . thats a lot of wasted $ $ $

Attorney Answers 3


  1. You can terminate your attorney's services simply by telling him - preferably in writing. Ask for your file and a refund of any unused retainer. The attorney will file a motion to withdraw unless you have retained new counsel to substitute in. It is important for you to know that your attorney must still represent you until there is an order allowing him to withdraw his appearance.


  2. Send the lawyer a certified letter firing him. Ask for your file and an itemized statement. Also send an email, fax,and send it regular mail too so there is no room to say he never got it. You will need to file a pro se appearance in the case and inform the opposing side by sending them a copy. I would fax it to the attorney representing your spouse.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


  3. There are a few things that should happen, here: 1) you need a new attorney, 2) your new attorney needs to undo som eof the damage that's been done (ease the burden of your debt load, get some help for daycare, etc.), 3) your previous attorney's bills should be reviewed to see i you deserve a refund.

    Many attorneys will do a lot of that for free -- they'll fire your attorney for you, pick up thee file, get up to speed, review the attorney's bills regarding a refund, and take care of all of the necessary business regarding the "substitution." From there, you should be on the road to recovery.

    I've attached below an article I found on things you should consider when changing attorneys in the middle of a case. Good luck.

    Questions? Call -- 312-987-9999 -- no charge, no obligation.

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