Firing Your Paid Family Court Attorney and Obtaining Assigned Counsel

Taking legal action against your family court attorney can be a daunting process. The decision to fire your paid attorney and request the appointment of assigned counsel requires a clear understanding of the legal system and the specifics of your jurisdiction.

Telling Your Attorney You Will Hire New Counsel

The first step is to explicitly inform your current attorney that you will be hiring new counsel. Politely request them to transfer your case file as soon as possible. It's important to maintain a respectful communication with your current attorney, even when you feel that they have not fulfilled their ethical obligations to you. Remember, a thank you note can go a long way.

Free Legal Services for Family Court Proceedings

Unfortunately, there is no universal entitlement to a free attorney for family court proceedings. You may need to represent yourself, or seek legal aid from organizations that provide free services. However, the internet is a rich resource for legal information and assistance, and there are often private attorneys who are willing to take on pro bono cases or negotiate fees.

Legal Scholarship and the Need for Assigned Counsel

Legal scholars and judges are increasingly supporting the idea of appointing counsel in family court cases, particularly those involving child custody. This is because the stakes in such cases are often the most critical. If you believe your lawyer has not represented you ethically, you can present a motion to the court explaining why you cannot find competent counsel and that the denial of legal representation has affected your case. Universities and law schools sometimes offer legal services through clinics to students who are supervised by faculty, making them a potential resource for your case.

Legal Recourse for Misconduct

If you believe your lawyer has engaged in misconduct, you have the right to seek redress. Lawyers have an ethical duty to act in your best interest. Misconduct can include actions that undermine your case. You can sue your lawyer for professional negligence or malpractice, and you may also file a complaint with the State Bar Association's disciplinary committee. Having an active suit or complaint against your lawyer should be sufficient grounds to file for new counsel.

The Process of Terminating Your Attorney

Ending your attorney-client relationship is governed by specific rules and procedures. It's crucial to follow the rules as family court judges are experienced in handling a large volume of cases and prioritize the best interests of the child.

First, contact your state bar association to obtain the necessary procedure for terminating your relationship with your lawyer. Review your retainer agreement to understand any terms that may apply to the termination process. If any provisions are unclear, seek clarification to avoid potential mistakes.

Conclusion

Your decision to hire new counsel and seek assigned counsel is a serious one and should not be taken lightly. The legal system is designed to ensure fair representation, but understanding the process and your rights is crucial. Seek out the help of legal scholars, law schools, and the state bar association to navigate this complex process effectively.

Key Points Recap

Tell your attorney that you will hire new counsel and request the file as soon as possible. Be aware of the lack of universal free legal representation and explore alternative resources. Use legal scholarship to support your case and request assigned counsel if ethical representation is lacking. Be prepared to sue your lawyer for misconduct if necessary and file a complaint with the State Bar Association. Follow the specific procedures for terminating your attorney-client relationship in your jurisdiction.

Change is necessary in the legal system to ensure those in family court proceedings receive the fair representation they deserve. Strive to bring attention to this issue and advocate for improvements.