Q: What to do if attorney is ignoring case?
I recently hired an attorney for help with a missed court appearance for my name change case. I sent the attorney his check in March and he accepted and signed for it too. Since then, I have barely heard from him, and he has never talked to me without me calling. He needs to file a motion, which he hasn't done in four months of being my attorney. Four months is a long time to wait for a motion to be filed. I'm at the point where I want a refund and a new attorney. What are my options? Do I send a letter giving a time frame to file the motion or a refund instead?
A: You simply send him an email or a letter stating that you are terminating his services effectively immediately, and that you demand a 100% refund. You might state the reason for the termination, but it is not necessary. You have the absolute right to fire him no matter what the reason. You can also mention that you will contact the Illinois Attorney Registration and Disciplinary Commission (ARDC) If you do not get a prompt refund of the unused portion of the fee you paid, He will definitely respond if the ARDC becomes involved.
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