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Questions about firing lawyer

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yelorsirhc

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Forgive me if this is the wrong place to post this, but I am new here. I have two questions. 
#1 Where do I mail my revocation of representation to at the VA? (should I also send one to my lawyer?)

#2 What is my lawyer required to do with my files once we are no longer working together?

 

(just an aside, does this forum format bog down anyone else's computer? I have never seen a forum be this draining on RAM....almost impossible to use.)

 

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  • HadIt.com Elder

Steps to Take to End Your Lawyer's Representation of Your Case

Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change.

Review the written agreement or contract you might have with the attorney, sometimes called a retainer agreement. Does it address the steps to be taken to terminate the relationship? You'll want to understand the parameters of that contract as you go about changing lawyers. Your new attorney may also want to see a copy of that agreement, along with all of the files your current lawyer maintai

Also, meet with other attorneys to explain the situation. This minimizes the delay in switching attorneys. It also ensures that you're able find good legal representation before you fire your existing lawyer. Ask whether your new attorney will take responsibility for getting your files from your old attorney, or whether you should handle that. If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation.

When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague. State any problems in a calm, professional manner.

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters. Don't get into details about why you're firing the lawyer; it's not relevant.

In the letter, request all of your files. Or, if your new attorney is handling the transfer of files, ask your old lawyer to cooperate with your new lawyer in this respect. Set a deadline for handing over the files, and detail how you want to receive them.

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

The process of changing attorneys can be stressful, but if maintaining a professional demeanor while dealing with your old attorney should make things go much more smoothly.

 

Source:

How and When to Fire Your Attorney

By Brian Farkas, Attorney

Edited by Buck52
Added '' Source: Author''.
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Buck, when you post something from a different web site, verbatim, it is a good idea to definitely cite the source.

This article ,that contains the info above  , was written by attorney Brian Farkas:

 

http://research.lawyers.com/how-to-fire-your-attorney.html

It has a copywrite designation.

 

 

 

Edited by Berta
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  • HadIt.com Elder

My fault I forgot......good thinking Ms berta (thanks for mentioning it)

I was thinking too if a vet fire his/her attorney   usually the new attorney will take care of his/her old attorney or rep? Correct? or is this just for POA or maybe the same?

Edited by Buck52
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No problem Buck-you do all you can to help vets here.

The attorney who did that above article, Buck, is not an accredited VA attorney as far as I know and of course VA law is different from other legal procedures.

This UTube is by a VA accredited lawyer and might answer some questions here as to fees, etc,

Vets should also know that  they can argue over attorney fees.

I had a local vet, who VA held back about 8 thousand from his eventual comp ,for his lawyers. They gave him appeal rights and I went over carefully the whole 9 legal yards of the regulations as to attorney fees  ( he had been at the CAVC twice by then).

 

The VA has a five point criteria  for payment of attorney fees. I raised an argument in the NOD I wrote for him

as to how these lawyers didn't even read his BVA decision (as I did) and missed the key to his whole case in the first paragraph  of the BVA assessment. It held one single medical term that caused me to help him succeed in a claim that had been in the  system for years by then. They never even noted the symptoms he had in his SMRs either.

This vet is one reason why I never handle claims by email or phone anymore---he became very aggressive with me to get him his  money on the pending claim. He was right as to the SC and did succeed but told me if the VA still pays out that 8,000 thousand he would be calling me and emailing me again. He never did , after he sent them the NOD so I think  the NOD I wrote for him with evidence,and maybe I  think I testified in the NOD to what I had done to prove his case,  probatively revealed  that this law firm did diddlysquat for him and did not deserve the 8 thousand buck fee.

Otherwise he would still be calling me and emailing constantly.

Vets have to be careful what they sign and NOD the fee if they disagree with it.

His vet rep prior to the CAVC stuff had never even read his BVA decision either.

 

 

 

 

 

 

 

Edited by Berta
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