Legal Question in Family Law in South Carolina
release of my attorney
I asked to relieve my attorney. The attorney sent me a form. I took it to the courts, paid the 25 dollars. Then I was told by the attorney that I needed my husband's signature. My husband will not sign the form. My husband did not retain this attorney I did . I don't understand why I need his signature on the form to release MY attorney. Can I myself get the form releasing my attorney and take it to the Judge? 2. (Substituting counsel issued) Does The attorney release issue have to be taken care of first before i can get new counsel?
1 Answer from Attorneys
Re: release of my attorney
If your husband will not consent, you can file a Motion to have your attorney relieved and also seek fees/costs from your husband for his failure to act reasonably and consent.
Generally, you must release your old attorney before hiring a new one. Under the facts you describe, most attorneys (including me) would meet with you and allow you to hire them upon receiving a letter from your old attorney stating that they have no objection to your meeting with the new attorney, etc.
If you have any other questions or concerns, you can contact my office or visit our websites: www.stevensfirm.com or www.scfamilylaw.com
Good luck,
Ben Stevens