1.Talk to another attorney and get his advise on how to get rid of the one you have now. My 2nd attorney actually did me a favor my telling me how to rid of #1, because when it came time to give #2 to boot - he had already walked me through it for #1, and I came out clean on both of them. 2. Call the book-keeping department of your attorney - and ask if there are any outstanding bills on your claim. Tell them that you just trying to keep records straight, etc. If this attorney is working on a contengcy fee - there should be no monies owed. However, if you have been making any payments to this one for monthly phone calls, postage, copying, etc, get the balance in writing. When you send your letter dismissing him, send a certified check in the amount that book-keeping has told you that you owe.
3. Ask the attorney, after you have talked to book-keeping, if ANY OFFERS HAVE BEEN MADE. If he tells you NO - then make sure that when you write your letter dismissing him, that you bring up that fact. Write it out - "When we spoke on XX, you told me that there have been no offers of a settlement offered to me as of "this" date". IF AN OFFER HAS BEEN MADE - AND HE HAS TURNED IT DOWN, he is NOT obligated to tell you about it if he thought he was acting in your best interest. BUT, if this OFFER IS WRITING, he can use his ATTORNEY LEIN to collect that amount at the end of your ordeal. Ask this attorneey to write to the Industrial Commisionors Office - stating that he is NO LONGER REPRESENTING YOU, and to have his LEIN lifted, and ask that you be sent the time stamp for it. they will know what that is.
4. As so as you sign on with another attorney, ask him to also write to your attorney that you have dismissed, and have him request that the attorney lein be lifted.
5. If you do not have another attorney to take over for you right away - there is a chance that the Industrial Commisionors office WILL NOT LET THE ATTORNEY YOU HAVE FIRED <<"NOT REPRESENT YOU">> You will recieve a letter from them stating that as long as you have NO REPRESENTATION, that this attorney WILL HAVE TO CONTINUE to represent you until you have another attorney to take over, or until they hear from you that you want to take care of your own case. In that case - you must notify the Industrial Commisionors Office (Pa BWC) so that any leins can be lifted, and he can be formally dismissed from that agency.
6. As long as you have another attorne to go to - you should not have a problem. They will also walk you through the steps, they are not going to want to share their work with an attorney that did nothing for you.
7. Make sure all letters are certified and registered when you send them.
