When There is an Ex-Attorney
When an individual or company is involved in a lawsuit, there are many different factors that need to be considered. One of the more important elements that needs to be evaluated is attorney representation. However, there may be times when a party decides that they want to be represented by another lawyer after the initiation of the case.
How an Attorney Switch Works
There are a number of reasons why a client may choose to switch representation. When the person or organization makes the decision, though, there is a certain process that needs to be followed. To begin with, the client, old lawyer, and new attorney all need to sign a verification form stating that they all agree to the switch in representation.
Once all sides have signed the required form, the former lawyer needs to turn over all files to the new attorney as quickly as possible. This includes but is not limited to all pleadings that have been filed on behalf of the client; all responses to any pleadings; and all discovery and responses to discovery on behalf of the client.
When a former lawyer is relieved of their duties, the previous attorney is entitled to any reasonable fees for their work prior to being replaced as counsel.
When an Attorney Can Opt Out
There are a limited number of instances when a lawyer may discontinue representing someone. The times when an attorney may request to be replaced are when a client wants to pursue an illegal course of conduct; when the customer wants to present an unwarranted claim that cannot be supported in good faith; when the client is in breach of paying attorney fees and/or expenses; and when any other type of conduct would make it unreasonably difficult for the lawyer to carry out their duties in an effective manner.
Analysis
There can be a number of factors why a client may want to change their attorney. However, the processes that are in place when a switch does take place is to ensure that the customer receives the highest level of ethical representation possible. It is imperative that the client be able to get as much assistance as needed to deal with the complex nature of their problem in a timely fashion. In addition, providing the new attorney with the entire file can allow the new counsel to get caught up to speed and determine what issues have been adequately covered as well as any issues that still need to be resolved.
Conclusion
If an individual is unsure about changing counsel, it can be beneficial to speak with your lawyer before making a switch. Doing so can allow both sides to resolve any potential outstanding issues. In addition, speaking about the case and the problems provides both parties to evaluate the representation. The client can determine if their lawyer is providing them with a beneficial level of service.