- 1). Clear it with the court. If your case is a few days from going to trial or if you are in the middle of trial, the court may not allow you to discharge your lawyer unless you have a really good reason, such as unethical conduct or malpractice related to your case. Usually, the main reason that a judge would deny you the right to discharge your attorney is because it would delay previously scheduled court proceedings. Even if your case is not close to trial, it is always a good idea to contact the judge who will be hearing your case to double check. If you have hired a lawyer for a purpose that does not involve a court, such as basic legal advice, drafting a contract or will, or incorporating your business, you will not need to ask for permission before discharging your attorney.
- 2). Notify your attorney of the discharge over the phone and in writing. Technically, your attorney will be discharged as soon as you inform him that you no longer wish to use his services. Place a phone call to the attorney's office and inform him that he has been discharged. It is best to place a call first because it prevents you from incurring additional legal fees. Technically, your attorney is entitled to payment for all work done on your behalf. If you send a letter first, your attorney may have racked up several hundreds or thousand of dollars in legal fees between the time that you sent the letter and the time it was received. You can give reasons for the discharge but you are not required to do so. Follow up your phone conversation with a written letter that references the earlier telephone conversation and the date that you discharged your attorney. The written letter is for record-keeping purposes and will become essential in the event that a dispute arises regarding the date that the attorney was discharged.
- 3). Pay your discharged attorney for all work that he has completed on your behalf up until being discharged. At the time of final payment, request to pick up your "file." Your file includes documents, records, filings, briefs and notes that were collected or drafted by your attorney during the representation. Once your fees are paid, you are entitled to possession of your file. You can give your file to your new attorney (if you hire one) so that that will have a clear picture of the status of your case.
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