During the initial stages of probate, you might realize that you do not like how your probate attorney is managing things. Perhaps there’s been little to no progress or an immense lack of communication. If you are the executor of an estate, it can be frustrating to work with an attorney you do not see eye to eye with. Don’t worry. You have the right to change counsel.
Transferring a case from one attorney to another
If the previous probate attorney has not started any work, it might be as simple as terminating their services and hiring someone new. Review your agreement to see how you can get a refund on unearned fees, obtain access to the original files and pay the final bill.
However, things may become more complex if they have already started filing documents but are delaying the process for some reason. If your case is in the final stages, switching attorneys may not be a good idea. You will have to pay for the services and time the previous attorney spent to date and the new attorney’s services as well.
Sometimes, a new attorney is worth the price. But if your previous attorney already made an appearance in court or filed documents on your behalf, you must obtain the court’s approval before making a change. Your new attorney can help you with this by preparing the following:
- A notice of appearance of lead counsel
- A motion to substitute counsel
- A proposed order on substitution
- The proposed order signed by the client, attorney and judge
- Obtain original files from the previous attorney
There are times when lawyers take more than they can handle. While their zealousness is admirable, if you are unhappy with how they work, you have the right to change attorneys. Not only can a new attorney help make the transition smooth, but they may also offer a fresh perspective and alternative solutions for managing your probate case.