Legal Question in Civil Litigation in New York
I have an unsatisfactory attorney I am trying to remove from a case in which I am a defendant. He refuses to sign the consent to change counsel paperwork, and my new attorney is hesitant to force the issue as they are part of the same local attorney network. I will be forced to file an order to show cause and drag this out to get this inadequate attorney off the case. Is there more recourse that I can pursue against this terrible lawyer? I have several serious offenses this man has committed against me, and I am his CLIENT, over the past year, and I believe he has acted against my best interests throughout the case. The level of genderdiscrimination is als higher than I have experienced in any other facet of my life, professional or personal. I also believe this attorney has colluded with opposing counsel to intentionally delay the case in order to bilk the various insurance companies out of fees. I have some proof of their conversations that were overheard by a third party. Help! What do you do with these creepy lawyers? Thanks.
2 Answers from Attorneys
If you want to change attorneys, you have an absolute right to do this, so long as it does not delay your trial unduly. If the old attorney refuses to sign the appropriate papers, the new attorney should know what to do to effect the change without too much difficulty.
1. Fire the attorney in writing.
2. File a grievance - in writing - against the attorney alleging that the lawyer refused to sign a consent to change attorney form.
3. Hire a new attorney that is not associated with the old attorney.
Mike.