Q: Can I fire my lawyer and recover money paid without a contract?
I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of services, he has not provided one. Initially, he mentioned a fee of $7,500, but later claimed it was $7,500 from me and another $7,500 from my ex-husband, who never contributes financially. After receiving life insurance money from my other son's passing, the lawyer took $15,000 from me. There was no signed agreement or contract. How can I proceed with firing him and potentially recovering my money?
A:
Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.
It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be diligently representing your son. Pointing out discrepancies in your son’s case to prosecutors may be counterproductive to the defense of your son’s case and may allow prosecutors to better prepare their case against your son.
In order to preserve confidentiality, your son’s lawyer should not be communicating any confidential information with you but should be gathering evidence to present at trial or possibly in pretrial hearings. The most persuasive evidence will come from sources other than your son because your son obviously has an interest in the outcome of his own case.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
