by Ed Sherman
Founder of Nolo Press and the Self-Help Law Movement
(adapted from Make Any Divorce Better)
You have a right to discharge your attorney at any time for any reason or no reason at all. You can do this even if you owe your attorney money and even if you do, your attorney cannot hold your files but must hand them over immediately to you or to your new attorney.
If your lawyer is not performing to your satisfaction, you may want to send a letter (keep copies) setting out very specifically what needs to be changed. If there is no improvement, start shopping for another lawyer.
Some things can’t be changed: for example, if you lose trust and confidence in your lawyer, get another one or take over the case yourself. Nothing is worse than feeling trapped in a bad relationship with your own attorney. If your spouse has an attorney, it would be unwise to fire your old attorney until you have another.
New attorney? If you hire a new attorney, your new attorney will file required forms and arrange to get your files from your old attorney. However, if your spouse has no attorney, you can consider taking over the case yourself.
Taking the case yourself. If you discharge your attorney to take over yourself, do it in writing and keep a copy of the letter. If the attorney has filed documents in court, you must also file a Discharge of Attorney naming yourself as the new attorney “In Pro Per” or “Pro Se,” which means that you represent yourself.
We have a Discharge of Attorney form that should work in most states. For the form that is specifically for California, click here.
Fill out the form, print it, sign it, and make three copies. Have someone (not you) mail a copy to your ex-attorney, your spouse and your spouse’s attorney, if any. That person signs the Proof of Service then you file it with the court clerk. Send a letter to your ex-attorney politely explaining that you have taken over your own case and request that all files and papers be immediately forwarded to you.
Your former attorney’s duties. An attorney cannot ethically delay turning over files and documents merely to pressure you into payment of amounts owed. Failure to promptly forward files as you request is a breach of the attorney’s ethical duty to you. In case of unreasonable delay, fire off a letter of complaint to the local and State Bar associations with copies to your old attorney. Meanwhile, you can always get copies of court documents from the court clerk.
Copyright 2012 Ed Sherman
This information comes from Ed Sherman’s award-winning book, Make Any Divorce Better.
Ed Sherman is a family law attorney, divorce expert, and founder of Nolo Press. He started the self-help law movement in 1971 when he published the first edition of How to Do Your Own Divorce, and founded the paralegal industry in 1973.
With more than a million books sold, Ed has saved the public billions of dollars in legal fees while making divorce go more smoothly and easily for millions of readers. You can order his books from www.nolotech.com or by calling (800) 464-5502.
My wife has an attorney. I had to fire mine. I want to represent myself. She is a very manipulative, angry and perhaps conniving woman. I have pleaded with her to settle to no avail. It is only in retrospect that I can see that she is more than likely conniving and has been planning this all along. I was very naive and due to DEPRESSION and poor health she who had financial problems before our marriage has taken advantage of my naivete. Her son is advising her also as he too is financially poor. The court has given me until November 29. 2014 to vacate our residence which is titled in her name but I paid for over half of it with my separate property. I let my attorney go because he assured me that I would not have to vacate. I am in better health now and I am capable of doing forensic accounting as I was a CPA before becoming disabled prior to marriage. She is currently employed as an RN. I need spousal support quickly so I can move out. That is I cannot even qualify to rent based on 3x income qualifications. She earns $40 per hour. She is insinuating mental stress which is not true plus other insinuations that are her issues and not mine. Based on my research, I found the Rossin case regarding disability income and it is separate property. What to do is apparent, how to do it is not in that I am inexperienced in the rules of the court,and I am unsure about what her attorney will try and do to dupe me as she apparently has done. I have plenty of records but I also need to I what commissioner Snell will understand,that is how to format my filings regarding tracing.
Did you get any information regarding the disability being a separate .I am wondering myself
To get information regarding disability being regarded as separate income, you can call Divorce Helpline at 800 359 7004, or visit their site at http://www.divorcehelp.com. They are a team of highly experienced and qualified family law attorneys who can answer questions over the phone for a pro-rated fee. We highly recommend them because they practice family law the way we advocate: they won’t go to court for a battle, and you can’t retain them to take your case; but they can do as much or as little as you want and need to help you complete your divorce. Their services range from providing legal advice over the phone, to handling your entire divorce, and they have excellent mediators as well.
What is the link to the California form?
The link for the California form is now active on the page at How to Fire Your Attorney
My husband and I are reaching an amicable settlement in our divorce. We’ve been told that we need to dissolve the trust we established several years ago and set up individual trusts. Can you point to where this is addressed in your literature?
Thank you.
You can read a little bit about trusts after divorce at https://nolotech.com/your-divorce-helpline-discount/. You will find a section on trusts at the bottom of that page.
My situation is similar to Mr. Thomas Cunningham. I have a narcissi manipulative wife who has an attorney now. I have an attorney that I can’t afford and will be letting him go using the letter provided about. I couldn’t afford an attorney but only got one because of the threats that the wife was promising to happen to me. I’m not familiar with the law so I got an attorney with my brother’s help. We gave him $3500 retainer. He said that should cover the whole divorce procedure. He started the paper work where I was the Petitioner, but she filed first and my lawyer had to redo all the paper work again so that I was Respondent, which took time. I wasn’t aware until much later the $300 per hour would be charged for every little thing I need to get done , if I called him with a question, he’d deduct the time X $300 from the retainer fee. He even said that my wife who didn’t have a lawyer at the time, could call him with any questions, turns out every time she called, I was paying for it (I was never made aware that I was going to pay for her calls. So now, the $3500 has been used up on paper work and calls to me and my wife. I have spousal support hearing this week 3/20/2020 that I have to attend and represent myself, cause my lawyers wants an additional $2,800 to appear in court to represent me. I have no income or money to pay him. I can’t afford him so I’m letting him go and will represent myself. When I go up there by myself what can she get her lawyer to go after me for? Back before I lost my job I was making good money ($35 per hour) I agreed to, but never signed a settlement for her to get $250 a month spousal support for 14 months and not have to go through divorce in court. We have no assets, or property. I own my car, her car that I financed under my name, got repossessed after she stopped making 3 months payments and was 10 months late. She walked away from the car and bought herself a good car, leaving me owing approx. $3500, in payments fees and penalties. And just 2 days ago I find out she put a restraining order on me for what, I don’t know?
I’m Sorry for bouncing all over the place. I’m stressed to the point of losing it.
What is my next step to continue with the divorce? Where can I get some free legal aid for representation or advice? Thank you for listening to me.
Oscar Villarreal
I’m sorry to hear that on your situation.
I hope everything gone well to you.
My attorney has done a real sloppy job, they have worded the separation document for payment of marital debt on home in very simple words – “Mortgage will be paid”, I have 1st Lien and HELOC, now there is no explicit wording for HELOC in the separation agreement document, as mentioned above. Will HELOC still be considered as mortgage ? Thanks for the help in advance
Thank you for your comment. This is not a forum for providing legal advice, but if you are in California we can recommend Divorce Helpline at http://www.divorcehelp.com. They have highly qualified family law attorneys who can provide advice over the phone and will only charge you for the amount of time you spend on the call. They can also create a thorough and complete settlement agreement for you.
I would like you to refer me to criminal law attorney and/or help. My lawyer is doing a terrible job and won’t even look at Discovery…. paid him $2600 so far for just a few court appearances. Now, if I don’t pay him another $2600…. he is threatening me saying he’ll have the DA come arrest me!
Hope you have a referral for me. Thank you, J. Davis
Judy, we’re sorry to hear you’re having such a bad experience. Because our site is divorce oriented, we’ll assume you need help with a divorce. The only referral we can give in good faith is to Divorce Help at 800-359-7004 (divorcehelp.com) but they only help with California divorces. Good luck!