Decatur, GA asked in Products Liability and Construction Law for South Carolina

Q: Want release from retainer agreement and no longer owe lawyer. Can i send letter of release or do motion to be released

I want to be released from current attorney and hire a new attorney. I signed a retainer agreement but no longer owe the attorney any money. Can I send the current attorney a letter of release or do I have to go through the courts and do a motion to be released?

2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: Ask the new attorney how it is best handled. You need to ask for your file, and you may discharge them.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Products Liability Lawyer
  • Chicago, IL

A: Lawyers can be discharged and the attorney-client contract rescinded by you at any time by simply writing a letter to the attorneys to that effect and requesting that your entire file be turned over to you or a new attorney you have hired. Be sure to discuss with any lawyer you are talking to about taking over your representation the fact that you have had an attorney who you have fired. It sounds like your case is pending in court. That may allow your current attorney to be substituted out of the case and an appearance filed concurrently by the new attorneys. Or the current attorney can submit a motion to the court asking to withdraw as your lawyer, which will not be denied since you fired this lawyer.

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