Can I still hire a different lawyer for a power of attorney if I already signed paperwork with another law firm? – South Carolina

Short Answer

Yes. A South Carolina client generally may end an attorney-client relationship and hire a different lawyer, even after signing an engagement agreement or paying a fee. The client may still owe fees for work already completed, but the former lawyer generally must return unearned advance fees and provide the client’s papers. If the power of attorney is for a relative, the relative—not the family member arranging or paying for the meeting—usually must choose the lawyer and give the instructions.

Understanding the Problem

In South Carolina, can the person creating a power of attorney change lawyers after an engagement agreement was signed or a payment was made, and who has authority to make that decision when a relative arranged the representation? The answer depends primarily on who the engagement agreement identifies as the client and whether the paperwork includes only a fee agreement or an already executed power of attorney.

Apply the Law

A signed engagement agreement does not ordinarily require a client to continue using the same lawyer. The agreement may control responsibility for fees, costs, and work already performed, but the client generally retains the right to end the representation. After termination, the former lawyer must take reasonable steps to protect the client, including returning papers the client is entitled to receive and refunding advance fees that have not been earned.

For estate planning, the person granting authority under the power of attorney is called the principal. The principal is usually the lawyer’s client. A relative may schedule the appointment or pay the bill, but payment alone does not give that relative authority to select counsel, control the advice, or receive confidential information. The lawyer may also meet privately with the principal to confirm capacity, instructions, and freedom from pressure.

Key Requirements

Identify the client: Review the engagement agreement to determine whether the principal, the person arranging the meeting, or both signed as clients. The principal usually must personally authorize a change of counsel.
End the first engagement clearly: The client should notify the first lawyer in writing that the representation has ended and request the file, an itemized accounting, and any unearned advance payment.
Confirm capacity and independent intent: The principal must understand the nature and effect of granting power to an agent. A new lawyer may speak with the principal alone before allowing relatives into the meeting.
Distinguish the fee agreement from the power of attorney: Ending the lawyer’s engagement does not automatically revoke a power of attorney that the principal has already executed.
Execute any new document correctly: A South Carolina financial power of attorney generally requires the principal’s signature, or a signature made in the principal’s presence by another individual directed by the principal, at least two witnesses, and a proper acknowledgment or proof.

What the Statutes Say

S.C. Code § 62-8-105 (Execution of a Power of Attorney) – A power of attorney must be signed by the principal or in the principal’s presence by another individual directed by the principal, witnessed with the formalities required for a will, and properly acknowledged or proved.
S.C. Code § 62-8-110 (Termination and Revocation) – The principal may revoke a power of attorney, but signing a later power of attorney does not automatically revoke an earlier one unless the later document says so.
S.C. Code § 62-2-502 (Witness Formalities) – The referenced will-signing formalities require signatures from at least two people who witnessed the signing or acknowledgment.

Analysis

Apply the Rule to the Facts: The documents and payment do not necessarily prevent a change of lawyers. The engagement agreement must first be reviewed to identify the client, the work covered, and how the fee is earned. If the relative is the principal, that relative ordinarily must decide whether to end the first engagement and hire new counsel, even if another family member scheduled the appointment or made the payment.

The request for the relative and a parent to attend may raise confidentiality and independence concerns. A South Carolina estate planning lawyer may ask to meet privately with the principal to confirm that the principal understands the document and is acting voluntarily. If capacity is uncertain, prompt review matters because a valid power of attorney requires sufficient understanding when it is signed.

Process & Timing

Who acts: The person identified as the client should act. Where: Notice goes directly to the first lawyer; no court filing is ordinarily required. What: Send written notice ending the engagement and request the engagement agreement, drafts, signed documents, file materials, fee accounting, and any unearned advance payment. When: Send notice promptly, before the first lawyer performs additional work.
Review the file: The new lawyer should determine whether the paperwork was only an engagement agreement or whether the principal already signed a financial or health care power of attorney. The new lawyer should also identify any inconsistent documents and discuss whether a separate revocation is needed.
Complete the change: The principal meets with the new lawyer, confirms the desired agent and powers, and signs any replacement using the applicable formalities and makes any revocation in the manner required for that type of power of attorney. More information about the planning meeting and signing process appears in this overview of obtaining powers of attorney in South Carolina.
Give notice where necessary: If an earlier power of attorney was delivered to an agent, financial institution, or another third party, provide the revocation or replacement document promptly. Unless the earlier power provides otherwise, if it was recorded, the revocation must be recorded in the same county through the Register of Deeds office or the Clerk of Court office that maintains land records.

Exceptions & Pitfalls

The payer may not be the client: A family member who paid the fee cannot automatically discharge the lawyer, direct the representation, or demand the confidential file.
Changing lawyers does not erase earned fees: The engagement agreement may require payment for consultations, drafting, or other completed work. A refund usually concerns only the unearned part of an advance payment.
A second document may leave the first one active: South Carolina law does not treat every later financial power of attorney as an automatic revocation. The new document or a separate revocation should address the earlier instrument directly.
Third parties need notice: An agent, bank, or other person without actual knowledge of a revocation may sometimes rely in good faith on the earlier document.
Family attendance may be limited: The lawyer may exclude relatives from part of the conference to protect confidentiality and evaluate the principal’s independent wishes and understanding.
Capacity cannot be postponed indefinitely: If the principal no longer understands the nature and consequences of the power of attorney, changing lawyers will not cure the capacity problem.

Conclusion

A South Carolina client may generally change lawyers after signing an engagement agreement or paying a fee. The client may remain responsible for work already completed, while unearned advance fees and client papers should be returned. When the document belongs to a relative, that relative usually controls the representation and must have sufficient capacity to sign. The next step is for the identified client to send the first lawyer written termination and file-transfer instructions promptly, before more work occurs.

Talk to an Estate Planning Attorney

If there is confusion about an engagement agreement, a payment, or who controls a relative’s power of attorney, our firm has experienced attorneys who can help clarify the representation, review existing documents, and explain the available options and timing.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.