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  • letting go of lawyer

    How do you let go of a lawyer that has been representing you? Do you need to advise the lawyer that there services are no longer needed? What if there is an outstanding bill or expenses? What can the lawyer do to get the outstanding payment? What if you still have money left in the retainer?
    Are there any legal precautions of letting one go?
    What is the policy/procedures of transfering your file over to the new lawyer?

  • #2
    Hi, I let go of my lawyer. I let him know in writing (email) that I no longer wanted him to represent me. He made me fill out and sign a change of representation notice.

    As far as the bill I was told it had to be paid before he would release my file to me.

    He was a little bitter about it all and made it a huge hassle. I told him I would attend his office and collect my file and once I was sure it was complete I would pay him in full and I did.

    I did do a little research of my own. I found some great advice about firing your lawyer on the law society website.

    I hope this helps and best of luck!

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    • #3
      What happens if there is money owed? Will the lawyer go after you and what can they do to get it?

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      • #4
        I imagine if you owe money they will expect to be paid or have payment arrangements made. They may not give you your files until they're paid.

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        • #5
          What if I don't need the file? What can the lawyer do to get the outstanding balance? Would they just give up or take action to get their account paid?

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          • #6
            The lawyer like any other creditor can exercise their collection rights. Generally, sending the account to collections agency is a last resort.

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            • #7
              They're a business and like any other it would go to collections and likely the amount would gain quite a bit of interest and there could be additional fees applied as well. Not a good situation to be in.

              If you disagree with the bill you could have it reviewed before paying, if you don't have the money to pay it you could look at setting up payment arrangements to pay it over time? Just a couple of options....

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              • #8
                What if you refuse to pay? What will happen? The lawyer will send requests to pay it off? If it's a few thousand, would they cut their loses?

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                • #9
                  Originally posted by tugofwar View Post
                  What if you refuse to pay? What will happen? The lawyer will send requests to pay it off? If it's a few thousand, would they cut their loses?
                  This might be useful to your speculation.

                  What Do I Do If I Feel I?m Being Treated Unfairly By a Collection Agency?

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                  • #10
                    lol...if you don't pay, it goes to collection or to small claims court...you incurred the bill, you pay the bill

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                    • #11
                      It may not seem like a lot, but a few thousand to a lawyer is what they pay per month for their staff, their bills, their operational requirements...same as any other business...

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                      • #12
                        I let go of my lawyer at an early stage of my case, I did it by sending him a fax that clearly inform him that he is no longer representing me. The lawyer was also given instruction that he is to stop communicating about my case and that he is to return all the documents in my file and any unused retainer fees, which he complied.

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                        • #13
                          Yes, on speculation, if the individual is facing financial woes when faced with creditors including legal bills and their actions - One could more or less bring about interim stay by filling Consumer Proposal and/or Bankruptcy. I think I would be also demanding my file from the professional.

                          Bankruptcy Canada: Experts Answer Your Debt Questions FREE

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                          • #14
                            Hi Tug, If you don't pay they can place your file with the credit bureau and will stay on your file for at least 6 years, trust me you don't want that to happen. You don't know where you will be in this amount of time, meaning you might have moved on and want credit only to have this bite you back. Pay it and be done.

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                            • #15
                              TUG, can you clarify if it is you who is thinking of changing lawyers or your ex?

                              You could try to work out a payment plan with the lawyer if you still owe them, but I'm not sure if they would pass along your file to a new lawyer until it is paid up.

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