Attorney says I can't fire them

Several months ago, I contacted an attorney about representing me for a civil case. While discussing options with him, I was also in discussions with the plaintiff and agreed to settle out of court. Meanwhile, the attorney filed a response on my behalf as well as a countersuit.

The plaintiff and I both want to drop our suits and countersuits, but the attorney representing me filed a continuance without my knowledge. My attorney is telling me they won't dismiss the case, nor can I fire them without meeting with them first.

What are my rights here? Can I fire them and then contact the court myself to dismiss my countersuit/

I suspect the REAL problem is that you don't want to PAY the attorney for the work they've done, right?

Zigner said:

I suspect the REAL problem is that you don't want to PAY the attorney for the work they've done, right?

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That's not correct.

Dutchy said:

Several months ago, I contacted an attorney about representing me for a civil case. While discussing options with him, I was also in discussions with the plaintiff and agreed to settle out of court. Meanwhile, the attorney filed a response on my behalf as well as a countersuit.

The plaintiff and I both want to drop our suits and countersuits, but the attorney representing me filed a continuance without my knowledge. My attorney is telling me they won't dismiss the case, nor can I fire them without meeting with them first.

What are my rights here? Can I fire them and then contact the court myself to dismiss my countersuit/

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What is the name of your state? (US Law Only)

Dutchy said:

That's not correct.

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Then please do explain.

You would have to file with the court a motion for substitution of attorney, however your attorney of record will need to sign it.

If it's not about money, what else would it be? If you go to them with a sub of atty, what do you think they'll say or do?

Wait... I got it... Pay your bill and we'll sign it?

Dutchy said:

...attorney is telling me they won't dismiss the case, nor can I fire them without meeting with them first...

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Then why not meet with them?

Dutchy said:

Several months ago, I contacted an attorney about representing me for a civil case. While discussing options with him, I was also in discussions with the plaintiff and agreed to settle out of court. Meanwhile, the attorney filed a response on my behalf as well as a countersuit...

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You hired an attorney for this case. But you were ALSO in discussions directly with the Plaintiff during this time? Then why did you bother to hire an attorney?

I'll just bet that the entire problem surrounds not just the bill but what the attorney did on your behalf and what they are actually charging you for. Sure, you agree to PAY the attorney, but you aren't agreeing to pay him for ALL the work he has done on your behalf, right? Because you did all the work yourself and you don't agree to the amount that the attorney is charging you.

So, tell us. What is the your version of the reason you don't want to meet with the attorney to have them sign off?

Dutchy said:

Several months ago, I contacted an attorney about representing me for a civil case. While discussing options with him, I was also in discussions with the plaintiff and agreed to settle out of court. Meanwhile, the attorney filed a response on my behalf as well as a countersuit.

The plaintiff and I both want to drop our suits and countersuits, but the attorney representing me filed a continuance without my knowledge. My attorney is telling me they won't dismiss the case, nor can I fire them without meeting with them first.

What are my rights here? Can I fire them and then contact the court myself to dismiss my countersuit/

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If you wish, simply send the attny a letter stating that you are terminating his services and will be filing a pro se appearance and to please file a motion to withdraw. Then go down to the court house and file a pro se appearance.

Simple as pie. Once your appearance is filed, you can file the paperwork needed to close the case out (the clerk will have a form).

I would make 100% certain that you want to close the case out .. once closed your counter-suit dies too.

No requirement to meet your attny at all. He serves as you wish -- its a civil, not a criminal case. If he continues to demand to see you let him demand all he wants --- your pro se appearance will likely have a section where you identify that you have discharged your attny .. so an actual motion to withdraw is not really required. You could, just go and file your appearance (chk rules on who you need to serve notice to, if anyone is needed -- generally the clerk sends these appearance notices out).

Is the opposing party a pro se litigant??? If not, then the attny for the other party should not have discussed settlement via you.

Its nice to see that people can work things out out of court .. the attnys in the case may just want to litigate just for their own benefit ... sounds like it in this instance.

end communication

It' CAPTAIN Picard. Phasers on stun!

Once your appearance is filed, you can file the paperwork needed to close the case out (the clerk will have a form).

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The Defendant can't simply have the case dismissed by filing a form.


Though many wish they could.

las365 said:

The Defendant can't simply have the case dismissed by filing a form.


Though many wish they could.

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I stand corrected ... the plaintiff can, not the defendant. My vision isn't the same since my last transporter beam out ....