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How to Fire an Attorney and Get Retainer Back

It is possible to fire an attorney and get your retainer back if you are unhappy with the services of your legal representative. However, you should do so carefully and with a letter stating your reasons for firing the attorney. Also, you should specify where to send the case file. Moreover, some states do not require attorneys to turn over work product, mental impressions, or theories pertaining to the case. Furthermore, threatening to fire an attorney will only strengthen their resolve.

There are several steps you can take to ensure that you do not get cheated. First, you must initiate the process by writing a notarized letter via certified mail. The letter must state your reasons for firing the attorney, as well as the amount of the retainer you want back. Then, you should explain the consequences of not getting your retainer back. For instance, if the attorney does not comply with your demand, you can report their practice to the state’s bar association or even the individual lawyer themselves. The lawyer will most likely not risk such dramatic repercussions, and you can still bill him for work done before firing him.

Before firing an attorney, make sure to follow the procedures laid out in your retainer agreement. Make sure to send the letter by certified or registered mail so that you have proof of delivery. Be sure to include a short, formal statement as well as your reason for firing the attorney. However, you may be unable to get your retainer back if the attorney hasn’t completed the work. In such a situation, it is a good idea to hire a new lawyer instead.

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