Even when you’ve done your research, found an attorney and hired that attorney, occasionally you may find the need for a new attorney.
This change can arise because your attorney wasn’t the right fit (it happens), or you moved, your attorney moved, your attorney has retired or your attorney has died (we only think we’re immortal). So, what happens then?
Calling it quits
To terminate your representation by an attorney, you simply need to notify the attorney that you no longer require their services. You don’t have to give a reason, but it’s nice to let them know if it’s because you’ve moved or some other reason unrelated to their services.
If you want to explain any other reasons, you can, but you’re not required to. If the attorney was handling a court matter for you, the attorney will need to file a “substitution of attorney” form with the court to name the attorney taking over.
Get your files
First, get a copy of your files from the previous attorney.
The State Bar of California Rules of Professional Conduct requires an attorney to return all client papers and property to which the client is entitled. The complete original file belongs to you. The attorney may copy the file for themselves at their own expense. They cannot charge you for a copy of your own file.
The definition of “files” includes electronic files but not the attorney’s notes or research.
The attorney must return your file to you even if you owe them money. Your file cannot be held hostage, and the attorney, even though you are terminating the relationship, must act in your best interest.
If you have trouble getting your file or any funds you may be owed by the attorney, contact the State Bar of California at 800-843-9053, or calbar.ca.gov
When the attorney dies
If the attorney was part of a law firm or had at least one partner or associate, you can contact the firm to retrieve files as they will still have responsibility for client files. They may have assigned your…
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