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  1. #1
    CJane is offline Senior Member
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    Firing my attorney

    What is the name of your state? MO

    Ok, I spoke to a new attorney yesterday, and have an appointment to meet with her on Tuesday of next week. She told me that there are certain things I HAVE to do first, and there's a definite time crunch involved, so I need some help.

    1) Fire my current attorney. She said she cannot discuss my case with me in any specifics or give me legal advice while I'm being represented by someone else. SO, I need to know how to go about it. If I just send her an email that I follow up w/snail mail that essentially says her services are no longer required, and I'll need to pick up my complete file prior to noon on Tuesday, would that be sufficient?

    2) Make sure my current attorney informs my ex's attorney that I will not be attending the deposition on Tuesday since I will be without counsel. How do I 'make sure' she's done this, and what's the proper way to request that she do so?

    At the meeting with the new attorney, should I bring the file from my current attorney (assuming she has it for me) as well as my copies of all the filings/communication? Should I also bring any 'supporting evidence' for myself? For example: the journal of drive time to school, medical records for the kids as well as the journal that relates to them, email printouts of communications with my ex, the email I sent to the GAL re: the parenting meeting, etc?

    I don't want to inundate her with crap, but I don't want her to have to constantly ask me for things either. Everything is filed in a very organized manner and labeled clearly, so it's not as if she'd be sifting through endless piles of paper.
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by CJane
    What is the name of your state? MO

    Ok, I spoke to a new attorney yesterday, and have an appointment to meet with her on Tuesday of next week. She told me that there are certain things I HAVE to do first, and there's a definite time crunch involved, so I need some help.

    1) Fire my current attorney. She said she cannot discuss my case with me in any specifics or give me legal advice while I'm being represented by someone else. SO, I need to know how to go about it. If I just send her an email that I follow up w/snail mail that essentially says her services are no longer required, and I'll need to pick up my complete file prior to noon on Tuesday, would that be sufficient?

    2) Make sure my current attorney informs my ex's attorney that I will not be attending the deposition on Tuesday since I will be without counsel. How do I 'make sure' she's done this, and what's the proper way to request that she do so?

    At the meeting with the new attorney, should I bring the file from my current attorney (assuming she has it for me) as well as my copies of all the filings/communication? Should I also bring any 'supporting evidence' for myself? For example: the journal of drive time to school, medical records for the kids as well as the journal that relates to them, email printouts of communications with my ex, the email I sent to the GAL re: the parenting meeting, etc?

    I don't want to inundate her with crap, but I don't want her to have to constantly ask me for things either. Everything is filed in a very organized manner and labeled clearly, so it's not as if she'd be sifting through endless piles of paper.
    Send a certified letter to your attorney telling her that you no longer wish to retain her services. Send it priority so that she gets it quickly.

    I don't see how you can instruct her to inform the other attorney that you will not be handling the deposition due to lack of an attorney, when you are firing the attorney. She just plain won't do it. You are going to have to notify the ex's attorney yourself. Do that by fax after you are already certain that your attorney has received your termination letter.

    Give your new attorney everything up front. She would much rather have it up front than to have to ask you for it.
  3. #3
    CJane is offline Senior Member
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    I sent a letter certified, but am concerned that it won't get to her today (the deposition is scheduled for tomorrow). SO, I'm going to hand deliver a letter to her office today since it's only about 3 doors down from my office building.

    Here's what she's getting. Do I owe her any more explanation than this?

    Dear Ms. Attorney,

    Please be informed that I will no longer require the services of Your Firm (I actually used the name of the firm). Please forward my complete file to my work address which follows.

    My Name
    Business Address
    KC MO ZIP

    I will inform Name of Opposing Counsel of the need to reschedule the planned deposition.

    Sincerely,


    CJane
    This is what 'opposing counsel' is getting:

    Dear Mr Opposing Counsel,

    Please be informed that the deposition scheduled for Oct 18 will have to be rescheduled as I will be unable to attend. Also, Ms Attorney is no longer my attorney of record. As soon as is possible, you will be informed of contact information for my new counsel, as well as acceptable scheduling options for a deposition.

    Sincerely,

    CJane
    How do I inform the GAL? Should I call her?

    Also, speaking of the GAL - I wanted to call her today anyway and see if she's any closer to scheduling a home visit. My boyfriend is out of town extremely often, but is planning to be in town for an entire week starting on the 20th. If she is requiring his presence at a home visit, that's the best time. But, I don't want to appear pushy. Recommendations?
  4. #4
    CJane is offline Senior Member
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    *bump* for Answers to GAL question.
  5. #5
    bononos is offline Senior Member
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    Is the deposition court ordered?
    If so, you need to file a motion with the courts to reschedule.
    Simply calling opposing counsel won't get it changed.
    If it's not, then ignore me.
    Also, your current arrorney must withdraw through petition of the courts from your case.
    New attorney must then file notice of apperance.
  6. #6
    CJane is offline Senior Member
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    Quote Originally Posted by bononos
    Is the deposition court ordered?
    If so, you need to file a motion with the courts to reschedule.
    Simply calling opposing counsel won't get it changed.
    If it's not, then ignore me.
    Also, your current arrorney must withdraw through petition of the courts from your case.
    New attorney must then file notice of apperance.
    Nope, it was arranged via a phone call between opposing counsel and my attorney. I was then notified in writing by my attorney of when I was expected to appear at opposing counsel's office. No court order in place.

    But that's her responsibility, correct?

    I'd assume that my new counsel will do things correctly when I drop off the retainer on Tuesday, right?

    I still am unsure how best to notify the GAL, since she was planning to attend the deposition.
  7. #7
    Zephyr is offline Senior Member
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    well by now you don't really have time to mail a letter, if you can't swing by her office yet today you should at least call her and let her know what's up and why.
  8. #8
    CJane is offline Senior Member
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    OMG!!!!!!

    I just called 'opposing counsel' to cancel the deposition for tomorrow. Turns out there isn't one scheduled - that there never has been one scheduled for tomorrow - it's actually scheduled for Nov 8.

    Do I have any recourse against my attorney for this kind of thing?
  9. #9
    lisagr33 is offline Member
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    Did your former attorney tell you that there was one scheduled for tomorrow?
  10. #10
    bononos is offline Senior Member
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    Read the thread lisa.

    CJane, I'd be thrilled right now. What if it were scheduled and this short time frame to cancel in wasn't possible.
    At least you have time to get your atty's and GAL and everything together.

    I had a horrible atty once myself, but the aggrevation of trying to get recourse for it, at least for me, wasn't worth it.
  11. #11
    CJane is offline Senior Member
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    Quote Originally Posted by bononos
    Read the thread lisa.

    CJane, I'd be thrilled right now. What if it were scheduled and this short time frame to cancel in wasn't possible.
    At least you have time to get your atty's and GAL and everything together.

    I had a horrible atty once myself, but the aggrevation of trying to get recourse for it, at least for me, wasn't worth it.

    Lisa ~ Yes, I have a letter from her hanging on my refrigerator at home stating that I need to be present for a deposition on the 18th of Oct at 930am at opposing counsel's office. Grrrrrrrr.

    Bononos ~ How would it not be possible to cancel if it's not court ordered? What is pissing me off is that I have already requested tomorrow off from work, scheduled a vacation day, arranged late evening child care for my kids, etc.

    Mostly though, I guess I should just be thankful that I fired her.
  12. #12
    bononos is offline Senior Member
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    Not being scheduled through court, yeah, you could reschedule, I just was thinking that you still hadn't gotten a hold of the GAL nor knew if you could reschedule with them.

    I'd be ticked about changing the schedule too, but you can unarrange.
    (or take an R n R day for yourself)
  13. #13
    CJane is offline Senior Member
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    Quote Originally Posted by bononos
    Not being scheduled through court, yeah, you could reschedule, I just was thinking that you still hadn't gotten a hold of the GAL nor knew if you could reschedule with them.

    I'd be ticked about changing the schedule too, but you can unarrange.
    (or take an R n R day for yourself)
    I have 2 kids and one on the way - there is no R&R. I'm going to schedule a lab appointment for a glucose screening and I have an appointment with my new attorney in the afternoon. I'll use the time, it just pisses me off that you can pay someone $150/hour to be such a total f*ckup.
  14. #14
    bononos is offline Senior Member
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    Quote Originally Posted by CJane
    I have 2 kids and one on the way - there is no R&R. I'm going to schedule a lab appointment for a glucose screening and I have an appointment with my new attorney in the afternoon. I'll use the time, it just pisses me off that you can pay someone $150/hour to be such a total f*ckup.
    Yuck-the flat orange pop!
    Good Luck!
  15. #15
    Zephyr is offline Senior Member
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    Quote Originally Posted by bononos
    Yuck-the flat orange pop!
    Good Luck!

    yes, word of advise from someone who's BTDT, DO NOT eat a 1lb symphony bar the night before**************.

    my dr was going nuts when he got my results!lol

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