Often even after careful selection you may find that you and the lawyer you have hired have tangential views and cannot see “eye to eye.” If this happens however hard you try and resolve differences the chances are that your case will suffer. It is best that you gather all your guts and fire the attorney and right off any expenses you have incurred and start a fresh.
When you hire a lawyer to work on legal matters you have the right to professionalism and a commitment on part of the lawyer. Every state has laws on rights of consumers and what a lawyer must do. So, check with the Bar Association or on the World Wide Web what your rights are.
Never be afraid or passive you have a right to: set deadlines, receive copies of all documents, ask for an itemized billing, and get a second opinion when in doubt.
When a conflict on any matter occurs, the first thing to do is communicate. Sulking or speaking behind the back of the lawyer will not help. Be courageous and speak your mind. Many a time just laying the cards on the table can clear matters. If at the end of the meeting the problem remains unresolved you and your lawyer may mutually decide to part ways.
In order to fire a lawyer you must:
• Follow to a‘t’ the agreement made between you and your lawyer. You must include a disagreement clause in your contract and specify clearly the financial liability.
• Have on tab all the papers pertaining to the case and notes of why in your opinion things are not right.
• State clearly in writing why you need to fire the lawyer. And request the lawyer to hand over your file, give you a detailed bill of expenses, and return any retainer he may have in excess of the bill. In case you owe the lawyer money then he has the right to hold on to your file until you settle the dues.
Find a replacement before firing the first lawyer. And ensure that you are not delaying legal process by firing your lawyer in the middle of a series of hearings.
It is not prudent to fire a lawyer verbally. It is best done in writing stating clearly the reasons for firing a lawyer and outlining the payments made as well as terms and conditions determined when hiring the lawyer. Also make sure he receives your letter.
In case of any difficulties approach the courts or ask another lawyer to send him a legal notice. In many states you can submit a complaint about lawyers. Check out the guidelines by the Bar Association of the state you reside in. The law states that lawyers need to follow a code of conduct and must be professional in every way.
Just as it is up to you to hire a lawyer so also it is your choice to fire a lawyer too.
By: Aaron Brooks
Posts Tagged ‘Lawyer’
How to Fire Your Attorney
December 27th, 20095 Bankruptcy Questions To Ask Your Attorney Before Filing
December 17th, 2009
If you think that being bankrupt is the worst thing that could happen to you than think again! Yes you are right…Worst is yet to come, but of course you can control and eliminate that worst scenario by simply making correct decisions! Hiring a wrong attorney for filing your bankruptcy can be like a nightmare coming true!
So it is better that before hiring you do some research and make sure that you find an attorney who could really show you way attorney who could really show you way out from the bankruptcy mess!
Facts about selecting the Attorneys:
As most of the attorneys are usually overworked, they aren’t able to give ear to full details of your case. You may feel that your attorney isn’t pursuing your case the way you want him to pursue and ultimately you will feel irritated.
Many of the attorneys aren’t qualified enough to lead your bankruptcy case. So such attorneys don’t fulfill your expectations. Certificates are important indicators to judge whether the attorney is qualified enough or not.
Asking from friends won’t take you to any good lawyer, unless your friend has gone through filing for bankruptcy but it may be useful to take advice from legal professionals.
You can even go to a bankruptcy court and observe the attorneys there. Maybe during your observation, you will find some attorneys who are good enough for you.
Once you find the attorney, you can satisfy yourself completely by asking him the right questions. A short conversation can tell you a lot about the attorney you have chosen. You can ask him about his expertise and his working and consultation hours. After conversation, you can evaluate the attorney to see if that attorney is really right for you or not!
Once you select the attorney, you must discuss with him what type of bankruptcy should you file? There are eight different types for filing bankruptcy. You attorney can best point out which type suits you for filing bankruptcy.
Secondly, you need to ask him how you can file for bankruptcy. You have to file for your bankruptcy in the state where you are living. The Attorney can prepare the necessary paperwork that would be needed to present to the courts.
Thirdly, you must know the fees that are involved in the filing for bankruptcy. The total fees will comprise of the attorney’s fees plus the court fees that you need to submit to file for your bankruptcy.
Fourth, you must know where you should file your bankruptcy claim. You need to consult your attorney on how to get there and what documentation is required.
Finally you must know the after effects of filing for bankruptcy. As soon as you file for bankruptcy, creditors will receive notification from the courts and will not be allowed to contact debtor for payments. A hearing in court will be set. The case will proceed depending on type of bankruptcy filed.
Remember that this is your fight, so you have to be really involved in it and follow the case. You just cannot leave everything on the attorney!
By: Darnell Scott
How to Get a Durable Power of Attorney
December 16th, 2009
A durable power of attorney is a form that is used as a legal way to appoint some one to act on your behalf if you become incapacitated. To get one you can go down to your county’s courthouse and pay a ‘print fee’ for a copy for one. An even easier way to get one though is by going online and finding a durable POA form you can fill out at home on your PC then print out yourself; theirs many sites out there that offer these kind of fillable forms.
There are a few things you should know though once you’ve gotten a hold of a fillable durable power of attorney form. The person making the document, which is the person who appoints the representative to represent their interests when they become incapacitated, is called the ‘principal’. The person appointed by the principal is called the agent or attorney-in-fact. Besides understanding these two terms there is nothing else you need to know to finish filling out your durable POA.
Once you’ve created a solid durable power of attorney then its time to get it signed and notarized. As soon as a durable POA is signed it is in effect, but notarizing it will give your county a record of it and therefore will provide evidence that it is legal if disputes arise later. Once your durable POA form is notarized then you’re all done, and you have just filed a durable POA form on your own without a lawyer.
At anytime the principal may revoke a durable power of attorney they’ve made. This is done by first informing the agent in writing then second you fill out and notarize a revocation of power of attorney. Many lawyers will also suggest that you even should inform anyone that has done business with the agent and tell him or her that your agent will no longer represent you.
By: Nick Fagan