Was referred to attorney through LegalShield for an uncontested divorce matter. I paid my retainer in full to him, provided him with all the needed information. Issues arose when I questioned why he waited weeks to tell me that he needed my ex to acquire QDRO information on his Thrift Savings Plan & Pension with USPS so that he could finish my decree & orders. He said if he didn't provide that he would have to be subpoena'd. After looking into it myself, using the same documents I gave to him, I realized that all he needed to do was send written request to get that info from TSP & that TSP accts fall under different rules (FERS) than normal QDROs (EIRSA).When I questioned his false statements, & tried to show him where I found that, he fired me without discussion. LegalShield basically said nothing they can do. I am out my retainer with nothing but my petition filed and a decree draft which needs editing because it doesn't say what was discussed. Now attorney wants me to sign his motion to withdraw before he will send any "unearned" funds to me- which I'm sure wont be much. Why does he need my consent when he gave me no choice?
An attorney cannot "fire" you. If anyone is going to be fired, it is him. He works for you, not the other way around. He may be the one wearing a suit most of the time, but you write the checks and make the decisions.
He probably wants to withdraw because you are questioning him, and he would say that he cannot do his job if you won't follow his advice. It's up to you. If you want him to remain as your attorney and finish out the case, then you don't need to approve his motion to withdraw. The judge might listen to his argument and could let him withdraw, but that's not automatic. He cannot withhold your money after withdrawing from the case.
You basically just need to decide. Do you want him to remain as your attorney, or not? Communicate your decision clearly, in writing, and then get on with the case.
Your attorney cannot fire you.
All that an attorney can do, is seek court permission to withdraw from a law suit. Until that permission is granted the lawyer must represent you.
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