How do I fire my attorney?

[runnersdelig]

I paid $500 to retain my first attorney but am not happy with him because he keeps wanting to push us into a chapter 13. I found another attorney who's reviewed our means test/schedules etc from the first attorney and he thinks a chapter 7 is doable for us. He is willing to fight for us to get discharged in a 7.

My question is how do I go about firing the first attorney?

[SMinGA]

Just tell him you're not going to use him. Simple.

If you're actually asking about how to get back the $500, you're probably not going to. Atty #1 has invested time in your case - and unless you paid for specific things that have not been done (filing fee, for example) then you won't get a refund.

[runnersdelig]

Just tell him you're not going to use him. Simple.

If you're actually asking about how to get back the $500, you're probably not going to. Atty #1 has invested time in your case - and unless you paid for specific things that have not been done (filing fee, for example) then you won't get a refund.

No, I know I won't receive the retainer back. I just didn't know if there was some sort of formality that was needed to fire him.

[ja181]

Make sure you put something in writing to him, just thanking him for his time and letting him know you've decided to use someone else, and that you no longer require his services.

Have some proof you sent it to him.

Also might want to list him as a creditor..if you think he's vindictive. I've had bad experiences with junk attorneys.

[Flamingo]

You and your attorney entered into an agreement for services. Both of you signed something (Retention Agreement). Pull out your copy and read it. What you need to know as to your paid retainer will be mentioned.

[wow]

Funny thing reading this is when I hired my attorney to handle my BK with a LLC ,only filed personal , I NEVER signed a retainer or NEVER received a receipt for any payments nor did I receive a final summary for services rendered.

Everything worked out better than expected. My point is referral,can't be said enough If ever possible getting a experienced lawyer with a referral sure pays off when you have to go though such a hardship issue in life.

It would seem to me when you first sat down with your attorney everything should have been discussed what direction you want to take and with his advice or telling you what will and can work should have at that point before any money was exchanged tell you if he was the man or women for the job.