How Do I Fire My Divorce Lawyer?
Whether you have hired a lawyer for a divorce or for any other legal matter,
you have the legal right to fire your lawyer at any time and for any reason.
Sometimes, the contract that you enter into with a lawyer may still make
you responsible for payments to the lawyer, regardless of whether you
continue to use the lawyer’s services. If you do decide to fire your
divorce lawyer, you should prepare a written statement that discusses the
circumstances under which you have chosen to fire him. You do not have to
state a reason for firing your divorce attorney, however, if your attorney
was involved in what you believe to be misconduct of some sort, you should
definitely document this in case there is a later legal action.
In terms of the court process, there are some things you may need to do to
fire your divorce lawyer. If you have not filed any papers in court yet,
there are no specific forms that need to be filled out or filed with the
court. You just need to notify your lawyer, typically in writing, that you
no longer want him to represent you.
If papers have already been filed with the court, the process of firing your
divorce lawyer is a little bit more complex. While it may vary from one
location to the next, there is typically a “substitution of Attorney” form,
or similar type of form, that you will need to submit to the court. This
form has to be signed by your former attorney, you, and your new attorney.
Your new attorney can typically take care of getting your file from your
former attorney, as well as filing the necessary form with the court and
notifying your spouse’s attorney.
If you fire your divorce lawyer, you can, of course, continue your divorce
case without an attorney. In this instance, you still need to file the
substitution of attorney form; but, your own name will go on the line of
the form that indicates the new attorney.