If I am going through a divorce and my attorney is not acting in my best interests but he has been paid, can I fire him and get my money back? 12 Answers as of January 24, 2014

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Yes you may fire him.however depending upon your fee agreement and the work he has arguably done for you do date you may not be able to get your money back
Answer Applies to: Michigan
Replied: 1/24/2014
The Law Office of James P Peterson
The Law Office of James P Peterson | James P Peterson
You may terminate your attorney at anytime. Whether or not you get a refund is a different question. If the attorney can justify his or her fee based upon the time he or she has spent on the case you may not get any money back.
Answer Applies to: Texas
Replied: 1/22/2014
Kirby G. Moss PC | Kirby G. Moss
Yes, the challenge is to get your money back. Ask for an itemized statement showing the time involvement for which he can probably charge you. The difference should be refunded and if not, best option probably a grievance with local bar association.
Answer Applies to: Indiana
Replied: 1/22/2014
Diane l. Berger | Diane L. Berger
You can certainly fire him. As to getting your money back, that would depend upon the contract you signed and whether or not she/he can account for the use of your money.
Answer Applies to: Nebraska
Replied: 1/22/2014
Law Office of Robert E McCall | Robert McCall
You always have a right to change attorneys. As to a refund, it depends on the contract.
Answer Applies to: Florida
Replied: 1/22/2014
    John Russo | John Russo
    Well first of all what bases are you using for you'r allegation here, some subjective standard on you'r part? In any event if you terminate service counsel will bill the hours already worked against your retainer to see if they owe you a refund, or you owe them for overage on hours billed. Moreover , if you have a fee agreement then you should re-read it very carefully, in many retainer agreements you will see a non-refundable clause, I use one, as do many of my colleagues so that when the retainers are not that large say $5,000.00 or less the client is aware they are not refundable.
    Answer Applies to: Rhode Island
    Replied: 1/22/2014
    James M. Chandler | James M. Chandler
    You can substitute him out and ask the State Bar for a fee arbitration.
    Answer Applies to: California
    Replied: 1/22/2014
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    You can fire him. You can not get money back for work that has already been done, but can recover any unexpended amount in your retainer.
    Answer Applies to: New York
    Replied: 1/22/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can always fire your attorney. Whether or not you can get your money back depends upon what he did do, how much you paid him and his hourly rate.
    Answer Applies to: Florida
    Replied: 1/22/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    You should contact your attorney's office and tell him/her that you would like to cease representation. The attorney would file a Motion to Withdraw with the Court. Once that motion is granted, you can seek new counsel. When you ask for the attorney to cease representation, you should also request a refund. If they need a formal request for refund, get that in asap, and have them document all work done on the case to ensure that you get a fair refund.
    Answer Applies to: Ohio
    Replied: 1/20/2014
    Ezim Law Firm | Dean Esposito
    You can fire your attorney at any time with or without cause for doing so. Your attorney is entitled to be paid for the work that he or she has performed on your behalf.
    Answer Applies to: Louisiana
    Replied: 1/20/2014
    Acting in your best interest is likely and issue of opinion. Assuming your attorney is billing you by the hour, you need to find out if the funds he has on retainer have been spent on work completed or is he carrying surplus funds.
    Answer Applies to: Georgia
    Replied: 1/20/2014
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