Q: What are my rights if my lawyer refuses to withdraw after being fired?
I formally fired my lawyer after he initially mentioned the need to withdraw from my case, which I agreed to. He then sent me a blank order to withdraw, not a motion. I found this odd and received no explanation. There haven’t been any complications in my case due to this disagreement, but I am preparing to file my notice of self-representation. I don't wish to hire another attorney, but I suspect my lawyer is trying to retain my credit balance. He claims the order needs to be signed by a judge, but I believe he should file a motion to withdraw and return my funds. What are my rights in this situation, and how should I proceed?
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A:
You're absolutely right to be concerned about how this is playing out. In Michigan, once you've fired your attorney, they’re no longer supposed to represent you in court—period. But to formally withdraw from the case, your attorney still needs to file a motion to withdraw, and it must be approved by a judge, especially if court proceedings are still ongoing. Sending you a blank order without filing the proper motion isn't the correct process, and you're not required to complete that for them.
If you’re choosing to represent yourself, you have the right to file a notice of self-representation with the court. This lets the judge and opposing parties know that you’re taking over your own case and cuts off your former lawyer’s authority. If your attorney is holding on to funds you believe are unearned, you can demand a written accounting and request a refund. If he refuses, you may report him to the Michigan Attorney Grievance Commission.
You’ve taken a strong first step by formally ending the relationship and preparing to take control of your case. Make sure to document all communication and keep copies of everything. You’re not stuck—Michigan law gives you the right to represent yourself and to demand fair handling of your funds.
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