Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-16-2009, 11:51 PM
Junior Member
 
Join Date: Jun 2009
Posts: 2
Unhappy

How to formally remove attorney of record


What is the name of your state (only U.S. law)? TX
I fired my attorney (child visitation modification) over 3 months ago because he was no help at all. Since then, I've been trying to get him to submit the motion to withdraw as attorney of record, but he has not responded to any of my emails/phone calls. The problem is that I need to schedule a hearing for my child visitation modification case but according to the court, I have an attorney of record and only the attorney can schedule those hearings. My case has been on hold for months now and will continue until I can remove him as attorney of record. Is there a form I can submit to court to have my former attorney of record removed without my attorney's consent/signature? What are my options here?
  #2  
Old 06-17-2009, 12:45 PM
Member
 
Join Date: Jan 2008
Posts: 340
I suspect you've omitted one pertinent fact which is that you may still owe him/her money??? Once you pay what you owe, you can dismiss the attorney who is bound by that decision.
  #3  
Old 06-17-2009, 01:45 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,766
She can file a notice of appearance.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 06-17-2009, 02:42 PM
Junior Member
 
Join Date: Jun 2009
Posts: 2
In response to owing our attorney money.....our former attorney send us a bill with a balance of $5k. We asked to meet with him to review bill because we want to get some of our retainer back. We want our money back as he did nothing. He has not responded to any requests to discuss the bill nor asked us to pay the outstanding balance.

We are doing this pro-se now as the only money we had available was all given to our former attorney as retainer.

Last edited by needhelptx1; 06-17-2009 at 02:46 PM.
  #5  
Old 06-17-2009, 03:26 PM
Member
 
Join Date: Jan 2008
Posts: 340
Filing a pro se appearance is subject to (a) the courts acceptance and (b) attorney of record's consent to removal. I suspect neither will happen unless you come to some agreement with him/her.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:56 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.