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I did fire my attorney, didn't I?

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T

Texamedic

Guest
Texas.

On Monday I hand delivered a typed letter to my old attorney (via his secretary) explaining that I wished to fire him and I signed the approprate forms in the office that day to do so.

On Wednesday, my old attorney's office faxed to me the Motion for Withdrawl of Counsel signed by my old attorney, attached with a cover letter note stating that the Order for Withdrawl of Counsel would be presented to the Judge on Thursday morning for her to sign.

On Thursday afternoon, I assumed everything was complete in dismissing my old attorney, and I had an appointment with and I hired a new attorney. This new attorney went ahead and filed a new motion on Friday with the court. However, I find out that my old attorney for some reason did not go before the Judge to present the Motion/Order to be signed like his office said he would.

So, do I still have 2 attorneys officially? Will my new attorney be in trouble for filing a motion when I am still represented by someone else? Will the motion have to be refiled once my old attorney finally gets off his butt and does his job? And how can I motivate my old attorney to actually go up to the courthouse to file to be Withdrawn from my case? (Yes, this is one of the many reasons why I fired the lazy SOB.)
 


CMSC

Senior Member
What is the name of your state?
Texamedic said:
Texas.



However, I find out that my old attorney for some reason did not go before the Judge to present the Motion/Order to be signed like his office said he would.
Well in my DH's ex's case, her attorney did not show up after filing the motion to withdraw, so the judge allowed the motion. You could call the courthouse and see if the motion was heard and what happened. Also you can call your new attorney and ask him/her what to do about this.
 

JETX

Senior Member
"So, do I still have 2 attorneys officially?"
*** Yes.... and no. See below.

"Will my new attorney be in trouble for filing a motion when I am still represented by someone else?"
*** No.

"Will the motion have to be refiled once my old attorney finally gets off his butt and does his job?"
*** No.

"And how can I motivate my old attorney to actually go up to the courthouse to file to be Withdrawn from my case?"
*** You don't need to. The court will handle it all. They will simply sign the order 'releasing' your previous attorney of record and substitute with your new one. It is a very simple matter.
 

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