You Can Fire Your Attorney: Here is How
If you are fed up with your attorney, and if you want to stop working with him or her, then you are allowed to. In Ohio, all you need to do to fire your attorney is to tell the attorney that you are firing him or her.
The best way to do this is in writing, either in email or in a letter. The lawyer will have to receive permission from the court to withdraw from the case.
Most of the time, the Franklin County or Delaware County court will approve withdrawals unless there is a circumstance that makes the withdrawal highly undesirable for the court. For example, the court may not approve a withdrawal if the trial is the next day.
Ohio Rules of Professional Conduct
Your attorney's practice is governed by the Ohio Rules of Professional Conduct. Here are some of the top reasons that justify the firing of a divorce attorney:
- The attorney fails to return calls for days, weeks, months
- The attorney does not provide copies of documents back to you
- The attorney ignores your concerns
- The attorney is not clear on how attorney fees work
- The attorney does not file paperwork on time
Once you know that you are going to fire your attorney, it is time for you to start thinking about hiring a new one. Unless you plan on representing yourself, which is not advisable in most circumstances, you will need a new attorney.
To get a new attorney, you must shop for one. Try to get referrals from people you trust. If no one you trust has a referral for you, then start researching divorce attorneys in the Columbus, Ohio area, or near where you live. Look for ones with good reputations and good reviews.
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Once you find one you like, you should Interview the attorney and ask how things would be different. It didn’t work out so well with your previous attorney. So, you want to make sure the new one will be different. A Consumer's Practical Guide to Managing a Relationship with a Lawyer
If the new attorney is up to your standards and convinces you that he or she will not make the same mistakes as your previous attorney, then hire him or her.
Make sure that you inform the old attorney that you terminated their services once the new one is hired. You may also want to review A Consumer's Practical Guide to Managing a Relationship with a Lawyer, published by the Ohio Supreme Court.
Also, make sure that the old attorney gets all the important documents to your new attorney. No Ohio judge is going to accept hiring a new attorney as an excuse for not having proper documentation.
After that everything is in order with your new attorney, it is time to simply move forward and try to get the best result possible with your divorce case. Hopefully, the new attorney is true to his or her word and will live up to all of his or her promises.
However, if he or she doesn’t, then you can go through the firing process again and start seeking out a brand-new attorney.