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Every client has a right to discharge his or her lawyer at any time for any reason or no reason at all, irrespective of the fact whether or not any money is owed. Off course you will continue to owe your formal lawyer for time spent working on your case.
If your lawyer is not performing to your satisfaction, you may wish to send a letter (keep copies the letter) stating all very specifically what needs to be changed. In spite of your discontent expressed to your lawyer there is no improvement, then you may start looking for another lawyer.
    Something's cannot be changed: for example, when you loose trust and confidence in your lawyer or nothing is worse than filling trapped in a bad relationship with your lawyer. Then the only way out is to change your lawyer.
As par Ed Sherman for practical divorce solution If your spouse has an attorney, it would be unwise to fire your old attorney until you have another, and your new attorney will arrange the transfer. However, if your spouse has no attorney, you can consider taking over the case yourself. If you discharge your attorney to take over yourself, do it in writing and keep a copy of the letter. If the attorney has filed documents in court, you must also file a Discharge of Attorney naming yourself as the new attorney "In Pro Per" or "Pro Se," which means that you represent yourself. We have a Discharge of Attorney form that you can copy and use. Copy or print it, fill it out, sign it, make three copies. Have someone (not you) mail a copy to your ex-attorney, your spouse and your spouse's attorney, if any. That person signs the Proof of Service at the bottom, then you file it with the court clerk. Send a letter to your ex-attorney politely explaining that you have taken over your own case and request that all files and papers be immediately forwarded to you. An attorney cannot ethically delay turning over files and Documents merely to pressure you into payment of amounts owed. Failure to promptly forward files as you request is a breach of the attorney's ethical duty to you. In case of unreasonable delay, fire off a letter of complaint to the local and State Bar associations with copies to your old attorney. Meanwhile, you can always get copies of court documents from the court clerk.


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Category Constitutional Law, Other Articles by - Sarvesh Kumar Sharma Advocate 



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