Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
A: You most likely are going to need an attorney to represent you if your present attorney isn't doing the job. I would consult with a substitute attorney and have that attorney take care of doing this. You may also want to check with the Florida Bar to make sure your present attorney is still able to practice.
Phillip William Gunthert agrees with this answer
A:
No, you don't send anything to the Court. Send a certified letter to your attorney terminating his or services immediately and require him or her to furnish you with a motion to withdraw from your case within 5 business days of receiving your letter.
Immediately begin looking for another attorney and make sure that he or she knows what you've done to fire your first attorney.
Phillip William Gunthert agrees with this answer
A: You should start with reviewing your engagement contract/fee agreement, this usually has all the terms related to ending your legal relationship. You will likely be stuck paying for the work that was already done or you could possibly lost your retainer as well (review of the contract will help). The attorney will also need to file a motion to withdraw and the court/judge will need to approve it, which they usually do. As a general point, The Florida Bar Rules allow an attorney or client to end a relationship so there is no requirement that you keep them. The additional issue is that you will need to hire a new attorney if you are trying to file and do a probate as most probate matters require a licensed attorney in Florida, with very limited exceptions. A new attorney will need to file a notice of appearance or similar document to step in and take over. Keep in mind, they will need to review and get caught up on anything and everything that has thus far been done in order to decide or know how to move forward. An unresponsive attorney is the number one bar complaint that usually exists in most states, especially Florida, if you are not happy you should move on and find replacement counsel. A certified letter usually helps and gets your goal accomplished. A review of where the current case is in the process and what has so far been done is also in order.
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