It is commonplace for partnerships to experience difficult times, and attorney-client relationships are no exception. While it may be your instinct to try and work through these issues, unfortunately, not all relationships can be mended. In such cases, your best course of action would be to draft an attorney termination letter.
Why Terminate Your Contract With Your Attorney?
You might decide to terminate the contract with your attorney for many reasons. Whether the attorney is a good fit or how comfortable you are with them is a personal decision. A lawyer that doesn’t follow already-made rules and regulations or simply doesn’t hold up their end of the bargain should be fired. You have every right to terminate that contract.
To buttress the points further, here are some of the reasons you should pull the plug and give your attorney the farewell letter;
- Lack of proper communication: Your lawyer should be willing and able to communicate effectively with you. Terminating their services is very okay when they fail to provide the necessary updates on a case. If you ask for an explanation of unclear parts of the case, your lawyer should provide it within a decent time frame. They should answer your questions and explain legal jargon when needed.
- Incompetence: A lawyer that cannot effectively and professionally represent you has no business working with you. If your lawyer displays any act that might depict incompetence or if they knowingly and willingly put their interests before the needs of their client, they should be instantly discontinued without any further ado.
- Dissatisfaction with their services: A lawyer is typically mandated to make decisions related to strategy, and procedure since they are the legal expert. However, they must follow the client’s instructions in situations that affect the client directly/indirectly or the client’s business. If you are left in the dark in the contract proceedings or are just plain dissatisfied with your lawyer’s services. You shouldn’t have to deal with that anymore, the lawyer deserves a termination letter.
- Change in circumstances: Sometimes, the lawyer isn’t all that bad. Circumstances don’t waitlist you until further notice. Sometimes the lawyer may not necessarily be at fault. You could be going through a patch and the next viable step would be to fire the lawyer.
- Conflict of interest: This arises when an individual or legal entity(in this case) in a position of trust has been competing against their professional or personal interests. This breach in professional ethics can come in many forms. The lawyer might be emotionally tangled in the case or might be nesting other interests other than the interest of the client. You shouldn’t wait any longer until you terminate the contract.
- Unreasonably high fees: You’re entitled to an accounting of the fees your lawyer charges you. Ensure they do a breakdown of the What? Why? and How? The pricing of the legal work can also be a reason you should contemplate sending an attorney termination letter.
Review the Attorney-Client Agreement
An attorney termination letter is a statement that formally eliminates the relationship between the attorney and the client. The purpose of an attorney termination letter is to formally end the attorney-client relationship. Before the attorney-client relationship became deemed to end, it had a beginning. The beginning includes the agreement document between the attorney and the client. This agreement would feature terms and conditions, and the stipulated pricing.
Reviewing the attorney-client agreement before writing the termination letter is important to avoid major misunderstandings and legal disputes. The signed agreement might dictate the terms and conditions of the termination, such as the required notice period or the return of any legal documents. Your attorney would have some legal documents that would broaden your case file. It’s important to get them back and give notice ahead of the moment of the contract termination.
Terminating the contract would ensure that the client ends the relationship on their terms. The termination letter serves as a record of the termination for both the client and the attorney.
How to Write an Attorney Termination Letter
It’s important to fire your attorney formally. You need to pen your grievances in an official letter to do so. The attorney termination letter needs to be concise and straightforward. You can send it via regular or certified mail, or electronic mail. Address the letter formally, as you would in any other formal letter, with your name and address, the date you are writing the letter, and follow this with the attorney’s name and address.
This is a formal letter; make sure to use an official salutation and address it to them directly. Address the opening statement with “Dear.” and add the lawyer’s name. There should also be a subject line so that the letter’s purpose is asserted.
Reserve the first paragraph for diving right into business. Clearly state your intent to fire the attorney and justify this with thorough reasons.
State why you are upset, but don’t drag on or be unprofessional. Don’t be tempted to vent overly in a way that can become nasty; keep it short and simple. This should conclude the last paragraph of your letter. Add that you’ve paid for their services and demand your case file. Input “Sincerely” and your name to complete the termination letter.
Tips for Writing an Attorney Termination Letter
Before we go down to the tips of writing the perfect attorney termination letter, you should be sure that terminating the contract with your current counsel is what you want to do. This letter will finalize any pending agreement regarding the attorney-client relationship.
- Be direct and get straight to the point.
- Keep it professional.
- Request an itemized invoice that reflects all fees surrounding the expenditure of the contract.
- Always terminate the relationship in writing.
- Be firm.
- It’s okay to vent but be polite while doing so. Don’t come off as unprofessional.
- Ask for a copy of your case file.
- Understand the purpose of the contract.
- Read and re-read the agreement that binds you and your attorney.
- Write the letter in simple language.
Attorney Termination Letter Example
Maggie Smith 1279 Cleveland Drive. (...) 20, January 2021 Scott Walker 34 N. Wellston Ave. (...) Re: Termination Letter Dear Mr. Scott, I would like to terminate our legal relationship as I have obtained other counsel. I appreciate the long hours and hard work that has gone into this substantial custody case. While I respect your work on my behalf, I have decided to seek legal representation elsewhere. You have been my attorney for more than eight months, and to date, I have spent around (...), and still, I have seen little improvement. I have called the office many times to speak to you during the time of the contract and instead speak to a paralegal. You never return my phone calls, are late to court, and seem completely detached from this case. Please forward any documents or information related to my case to my new attorney as soon as possible. I expect a final bill for services rendered to be sent to me within 30 days. Thank you for your time and effort. Sincerely, Maggie Smith
Change of Lawyer Letter
Re: Change of Attorney Letter I have decided to terminate the legal relationship with my former attorney. I am writing to appeal for a change of legal counsel. I terminated the relationship because I had been calling the attorney's office for three months and got no updates on my case status. I need a new lawyer and expect reasonable communication and sound legal advice since I believe I haven't received either. I request that you make this change with immediate effect. Attached to this letter is a copy of my case file. I would appreciate any update with a new legal counsel. Any follow-ups should be directed to my email @maggiesmith.yahoo.com I expect your reply with, hopefully, positive feedback. Sincerely, Maggie Smith
Termination of Representation Letter Sample
Dear [Attorney's Name], I am writing to inform you that I am terminating our attorney-client relationship effective immediately. After careful consideration, I have decided that it is in my best interest to seek legal representation elsewhere. While I appreciate the work you have done on my behalf thus far, I feel that our communication has been lacking and that my case has not progressed in the manner I had hoped. Despite my attempts to address my concerns with you, I do not believe that our professional relationship has been productive. Therefore, I kindly request that you cease all representation and communication on my behalf immediately. Please forward any pertinent documents or information to my new attorney as soon as possible. Thank you for your time and attention to this matter. I wish you all the best in your future endeavors. Sincerely, [Your Name]
Conclusion
Ensure to review the attorney-client agreement before making a move to terminate the contract and write your letter most professionally and respectfully as possible.
While this article did justice in covering the main points of terminating the contract with your legal representative, you should seek legal advice if you have any questions or concerns about the termination process.