HELP!! I have terminated my Divorce representation, BUT....

[Tim73]

My jurisdiction is: GA

I have terminated my Divorce attorney due to over 1 1/2 years of minimal action. He received written correspondance of that fact over 2 months ago. He has yet to send a withdrawal order to "new" attorney (Wife's atty., long story.... but have agreed on terms). Her atty. (my 'new' atty.) says her hands are tied until she receives withdrawal order. Says she will draw up docs, but can not send out until she gets withdrawal. I am out of the country and will remain out, I just want this thing wrapped up.

What can I do to get him to send withdrawal order?

I have begged many times to get things complete, to no avail.

Thanks much for help/input

 

[dee_dub]

You could threaten to report him to the law society. But before you do that, I can't believe you could effectively be held up by a lawyer who no longer works for you. If he won't do it himself, at a minimum, you should be able to file a declaration yourself with the court that you are no longer represented by him. If you can't go to court in person, appoint someone else as your agent to do so, or file it by fax if your court registry permits.

 

[Tim73]

I will look into filing a declaration by fax. He has held me up for over 1 1/2 years, and his not showing on court date 5 months ago, caused my wife to retain an attorney. Had he showed, it would have been finished. Thanks much for your reply........

 

[dee_dub]

Except in very unusual circumstances, parties ALWAYS have the opportunity of firing their lawyer and representing themselves or appointing new counsel. Where I come from, we call it a Notice of Change of Attorney. It's a basic tenet of the legal system that you have the right to be represented by counsel of your choice. It would be bizarre if a party's current lawyer could prevent the party from having the representation they desired by simply not acting.