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Letter Terminating Attorney

Started by DadsCrushed, Dec 02, 2009, 09:57:24 AM

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DadsCrushed

Does anybody have a copy of a letter terminating an attorney? I can no longer pay the bills and have to go pro se. We go to court in a week and need to get this to him quick.


MixedBag

not sure there is one here.

Just send it to the attorney, opposing counsel AND the court.

And show up ready for the hearing.

Be ready for a potential delay -- in case the court does not allow dad to be pro se.....(rare)

Davy

#2
First of all, fetch your case file from the attorney and, secondly, use the word "Withdraw" rather than "terminate".

Usually one can call the attorney and request he/she WITHDRAW from the case.  Ask they return money ... depending how bad they screwed ya... of course that won't happen but why not. Then the attorney (of record) sends the Withdrawal motion to the clerk of court for filing and the judge signs it.   It's basically a formality and automatic (but does not have to be).  I suggest you not mention pro se' or you can not pay atty fees. It's none of their business and they're accustomed to it.

In the next court hearing (or in any hearing) you should be prepared to say "Your honor, I wish to enter a verbal motion to withdraw representation for reason of ineffective counsel" (check your statues for reasons or don't give a reason but that was one reason listed in Tx statues).

My wife's (she's out of state) attorney turned to the judge and requested to withdraw because he could not get his client to comply with any order of the court.  There was a history of contempt motions for the same. As it happens, the judge took the next and final hearing behind closed doors in chambers and functioned as her attorney. Really !

In the first hearing in her state, my second attorney withdrew my first good ole boy attorney and then he withdrew (recused) her judge.