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  1. #1
    Join Date
    Aug 2012
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    403

    Default Firing Your Attorney During a Case

    My question involves a marriage in the state of: KY

    I sincerely don't know where to post this. I am only posting this here because my case is in family law, but this is more of a question about firing my attorney.

    I have an ongoing custody/visitation case that has never ended since the child was conceived. The child is about 2 now. There is never a pause in our case. There is always something pending.

    I need to get rid of my attorney. Not sure if the reasons matter or not, I just need to know how to fire an attorney when there is never a pause in the case.

    I have been wanting to get rid of her for a year and have been waiting for a break to do so, but there's not been one.

    For instance, I have something new I want to file. Can I file something on my own (pro-se) when I am technically represented by an attorney? Because I do not want her to touch another part of my case no matter how big or small. I would rather deal with my ex on my own than have her do any more work on my case.

    Other attorneys won't talk to me while I still have one. We still have stuff out on appeal. We still have a local case waiting to be heard. How do I get started on this?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Firing My Attorney

    Tell her that you're discontinuing her services. If there are matters pending for which she has appeared, she may have to file a formal petition to withdraw as counsel. If you are retaining a new lawyer, her departure from the case can be achieved through the filing of substitution of counsel.

    If she's your lawyer on appeal, with the appeals still pending, you would want to consider keeping her as counsel on the appeal (or getting a new lawyer to substitute in), even if you no longer want her to represent you in trial court proceedings.

    Given the nature of your case, as described, I suggest that you consult another family law attorney about your plan, and whether it makes sense (if it is what you intend) to proceed in pro per.

  3. #3
    Join Date
    Aug 2012
    Posts
    403

    Default Re: Firing My Attorney

    Let me see if I get this straight:
    1.) Tell her I'm discontinuing her services and have her file a formal petition to withdraw as counsel
    2.) Tell her I am keeping her on as counsel for the appeal only.

    So it is possible for her to stay on the appeal without representing me in other matters?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Firing My Attorney

    Quote Quoting shortie
    View Post
    Let me see if I get this straight:
    1.) Tell her I'm discontinuing her services and have her file a formal petition to withdraw as counsel
    2.) Tell her I am keeping her on as counsel for the appeal only.

    So it is possible for her to stay on the appeal without representing me in other matters?
    Yes, of course that is possible.

  5. #5
    Join Date
    Aug 2012
    Posts
    403

    Default Re: Firing My Attorney

    Other than the appeal, if there are matters in the local courts that she has written the motions for and appeared for, but the motions have not be heard, what can I do about that?

    They set the court date for this motion, but the opposing attorney had it continued. I never heard of a new court date and I believe there isn't one. How can I get my motions to be heard in court once I dismiss her?

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