If Firing Your Attorney is the Last Option

We should accept the fact that not all legal practitioners adhere to the standards of their profession when handling a client’s case. Hence, not all attorneys are competitive and worthy enough of your trust. Thus, if you are not contented with the way your attorney handles your case, then you may terminate his services and look for other attorney to manage your legal problem.

You should, however, consider the following before making a decision::

What should be your basis for firing an attorney?

Most attorneys abide by the rules set by their respective Bar Associations. Yet, some still choose to violate these basic rules:

- Establishing a good communication with a client
- Returning the important documents to a client after using it as evidences
- Protecting the assets of a client
- Misrepresentation
- Overcharging or failure to disclose complete information regarding the payment of fees
- Failure to perform the accepted approach in handling a client’s case
- Conflict of interest

How to file a complaint

Generally, legal clients who wish to dismiss their attorneys may bring their complaints to the State Disciplinary Counsel in which their attorneys are listed and duly licensed. They will be asked by the State Bar Association to fill up a form that should contain a brief detail of the reasons why they want to fire their attorneys. This should also include the attorney’s name, address, contact number and a short story on how they have appointed the services of their attorneys.

How are these complaints resolved?

After receiving a client complaint, the Disciplinary Counsel will form a panel of lawyers and non-lawyers to review it. If this board sees a basis for the said complaint, the reported attorney will be given a copy of the complaint and will be asked to submit his response within 25 days.

In various states, the complainants are given their opportunity to give their comments on the attorney’s response and demand for further investigation to commence. Once the investigation has proven the guilt of the defendant attorney, he will then have to face a variety of sanctions, which may depend on the severity of his offense.

Nonetheless, serious cases will automatically be brought to a hearing wherein further questioning and filing of evidences will take place. Attorneys who will be proven guilty of such grave accusations will be disbarred and may even have to face criminal liabilities for their violations.

How is the client’s anonymity protected?

In order to protect the complainant from the defendant’s retribution, some states allow anonymous cases especially when the issue has great effect on public interest. Yet, most states do not allow such provisions due to the importance of documentation in such cases.