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My brother is in the middle of divorce case. My brother wants to settle this case peaceful with his wife and move on. But his lawyer keep telling him that he should do some thing else and lawyer keeps trying to take more money by extending the case.
He can fire the lawyer now but does he need to hire another one. He doesn't want to hire any more lawyers. He just wants to settle the case and move on with his life.
My brother is in the middle of divorce case. My brother wants to settle this case peaceful with his wife and move on. But his lawyer keep telling him that he should do some thing else and lawyer keeps trying to take more money by extending the case.
He can fire the lawyer now but does he need to hire another one. He doesn't want to hire any more lawyers. He just wants to settle the case and move on with his life.
He can say he doesn't need the lawyer service any more to the current lawyer but then to settle the case peaceful, does he need to hire another one? Or what is the procedure there?
My wife is a divorce attorney and she told me the following -
If his wife has a lawyer, she doesn't recommend getting rid of his lawyer and doing the case by himself.
If that's not the case, then she says you can just write a letter to your lawyer letting him know that you do not need his services anymore. Or, the attorney may need to do a motion to be relieved, if the case is already in court.
I'd grind it out with representation. Some states offer an easier road to disolve a marriage, binding arbitration, no fault divorces, etc. I have heard NY is one of the few states that does not allow for no fault divorces. Too risky to go alone.
I have no legal background or first hand divorce experience so realize my advice is worth what you paid for it.
If there's no kids and it they can agree on things, they should look into a mediator (much cheaper). That's what my sister did and it worked out great.
I'll second Corky and suggest a mediator. If your brother thinks that his soon to be ex-wife is willing to resolve it amicably, a mediator can be a godsend. Just make sure they specialize in Divorce Mediation and have enough experience. If there are hurt emotions and anger involved, a mediator will probably not be very helpful.
As far as firing the lawyer, all clients have the basic right of terminating legal representation at any time with or without cause. He should put it in writing as a letter, but it doesn't have to be more complicated than "I no longer need your legal services and am terminating your representation."
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