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How to Stop My Lawyer from Proceeding on My Case

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  • 12-06-2012, 08:59 PM
    FLmom4
    How to Stop My Lawyer from Proceeding on My Case
    My question relates to legal practice in the state of: FL

    I hired an attorney in January for family law and signed a contract. Mediation was completed in March, final communication with my attorney was in April. End of September, he "reviewed" my case and charged me again, when I was $100 shy of paying him off. I emailed him and asked him to close my case as I no longer need his services and also can no longer afford his services due to my health and recent hospitalizations. My ex had his attorney contact mine, unbeknownst to me, resulting in my attorney again working on the case after I asked him to close it for previously mentioned reasons, and again billed me. I have emailed him again! asking for him to remove the charges and close my case, terminate my contract. How do I ensure that he no longer "reviews" or "works" on my case continuing to bill me, and am I responsible for paying him for the most recent actions despite asking him to close the case? Per my contract, I have to send him a written request to terminate his employment, which I have done.
  • 12-08-2012, 12:45 PM
    Mr. Knowitall
    Re: Trying to Stop Lawyer from Proceeding on My Case
    If there is pending litigation and your attorney remains the attorney of record, you will need to have your lawyer officially withdraw from the case. That may necessitate his filing a motion. You will owe your attorney for the time it takes to withdraw,

    In the alternative, you can hire a different lawyer and have your lawyer prepare a substitution of counsel, which your former lawyer can sign and return. I don't know if your current/ex-lawyer will do that without charging you for his time, but the time involved should be pretty minimal.

    If no litigation is pending, you can ask your lawyer to send notice to opposing counsel that he no longer represents you and to direct any further communication to you (or your new lawyer).
  • 12-08-2012, 06:09 PM
    llworking
    Re: Trying to Stop Lawyer from Proceeding on My Case
    Quote:

    Quoting FLmom4
    View Post
    My question relates to legal practice in the state of: FL

    I hired an attorney in January for family law and signed a contract. Mediation was completed in March, final communication with my attorney was in April. End of September, he "reviewed" my case and charged me again, when I was $100 shy of paying him off. I emailed him and asked him to close my case as I no longer need his services and also can no longer afford his services due to my health and recent hospitalizations. My ex had his attorney contact mine, unbeknownst to me, resulting in my attorney again working on the case after I asked him to close it for previously mentioned reasons, and again billed me. I have emailed him again! asking for him to remove the charges and close my case, terminate my contract. How do I ensure that he no longer "reviews" or "works" on my case continuing to bill me, and am I responsible for paying him for the most recent actions despite asking him to close the case? Per my contract, I have to send him a written request to terminate his employment, which I have done.

    Did you specifically use the terminology "terminate his employment" or did you simply ask him to close your case? Sometimes that makes a difference. However, as Mr. Knowitall mentioned it may be necessary for him to file a motion to withdraw as you attorney if litigation is pending.
  • 12-09-2012, 06:54 AM
    FLmom4
    Re: Trying to Stop Lawyer from Proceeding on My Case
    I did initially ask him to close my case, then after receiving another charge, I asked to terminate his employment. I have not heard a response on either email, and I am afraid to call him and incur further charges! I want to find another attorney. Can I do this and then have that person handle my former attorney?
    Also, is it ok to email my ex's attorney and inform him that he can direct further correspondence to me? I dont want to have mine do anything more that will incur further charges.
  • 12-09-2012, 07:48 AM
    llworking
    Re: Trying to Stop Lawyer from Proceeding on My Case
    Quote:

    Quoting FLmom4
    View Post
    I did initially ask him to close my case, then after receiving another charge, I asked to terminate his employment. I have not heard a response on either email, and I am afraid to call him and incur further charges! I want to find another attorney. Can I do this and then have that person handle my former attorney?
    Also, is it ok to email my ex's attorney and inform him that he can direct further correspondence to me? I dont want to have mine do anything more that will incur further charges.

    The bolded is likely your whole problem. You don't terminate someone by email. It needs to be in writing by snail mail or personally delivered.
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