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How do I discontinue our relationship with an estate lawyer?
Anonymous3 views5 answers
We met briefly one time with a lawyer to discuss options for updating our estate documents. We filled out his standard estate questionnaire (with no binding clauses or signatures), paid his fee for that initial consult, and said we intend to provide him with the actual documents to review. However, we decided our personalities weren’t good matches. We signed no written agreement for his continued services. We want to notify him immediately that we’d like to stop using his services. How do we best tell him of our decision—have we created an inadvertent verbal agreement?
Since you never signed an agreement for fees or services you should be under no obligation to pay additional fees. As the other attorneys have stated, you are free to start or end a relationship with an attorney at any time. You state that you would like to notify him that you'd "like to stop using his service." Other than the initial consultation, you never started to use his services. Most attorneys have a "free" initial consultation (typically limited to 1 hr.). You paid for your consultation and are moving on. If you feel obligated to do so, send a brief letter or make a short call to his office. You should also ask that he not contact you in the future.
As to your current documents, please seek out a new estate attorney to assist you. It is important that your documents are reviewed and updated as necessary at least every 5 years. Find a new attorney on or ask a friend for a referral.
Good luck.
You may disengage with an attorney at any time for any reason, even if you had signed a retainer agreement. A simple call or email telling him that you do not wish to use his services is sufficient in your case.
I agree with Mr. Criscione. You can "fire" an attorney at any time. However, this may not free you from liability for any fees/expenses that have already been incurred by your former attorney. You should definitely contact him immediately to inform him of your decision. I would recommend that you make a phone call then follow that up with an email or letter.
I agree with the prior responses. You should not feel bad about this. It happens ALL the time. Your lawyer will not be surprised if you simply never call back. It is the nature of estate planning work. You can, if you wish, simply call and let him know that you have decided to "put things on hold," for now. That is probably all that you would need to do. If the lawyer has paperwork in his file that you provided and would like to get back, you could follow up with a letter requesting it, or make a trip to the office to collect it.
James Frederick