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How do I go about dismissing a lawyer that is ignoring me

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What is the name of your state? New York

I had written a few months ago complaining about my lawyer that does not return my phone calls. My new problem is that I received a letter from him 2 months ago that the court wants me to post a bond since my deceased mother left her co-op to her 5 grandkids and I am the executor. He sent me the bond application and I immediately signed it and returned it to him. In order to sell my mom's co-op I needed to post this bond and need a Testamentary letter. I"ve been calling him again for the past 2 weeks to find out if he ever posted the bond since I havent yet received the Testentary Letter. He still has not returned my phone calls. I have not spokedn to him in 2 months. I am at the point of reporting him to the Bar Association. I called probate court today and they told me the bond has never been posted. I hired this lawyer in August and this seems to be dragging on. I wish to dismiss this lawyer but don't know how to go about doing it. Do I call another lawyer and have him send a letter or I notify him myself? I also need my file and any paperwork he has done so the new lawyer can pick up where he left off. Also I have been paying $700 a month rent on my mom's co-op and since he has been dragging his feet it has been costing me $700 a month in rent. Can I try to get any of this money back?
 


seniorjudge

Senior Member
I wish to dismiss this lawyer but don't know how to go about doing it.

You (in a letter to the lawyer, certified mail, return receipt requested): "You're fired. I will be in on [date and time] to pick up my file. Have it ready."
 

Dandy Don

Senior Member
Your new attorney can get the file if you don't want to do it, but you do need to fire the old one AND file a complaint with the bar association.
 
another question to dismissing atty.

What happens to the attny bill. Does he still get paid for services up until now and does this now wind up costing us more in the long run or does this warrant him foregoing fees since he did not provide proper counsel...His neglect of our case also impacted our financial situation whereby we have been forced to pay maint. on the apt. while waiting for probate to clear.
 

Dandy Don

Senior Member
That depends on the fee agreement/contract you signed with him, but don't be in a hurry to pay his bill unless you want to. He kept you waiting, and now it's your turn for revenge. You do owe him for work he has already done if anything and I'm sure he'll be sending you an invoice detailing billable hours.
 
We never signed an agreement with him. He just told us it would be $450 to file the papers for probate. He never said anything about his fees and we don't have a contract.
 

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