QUESTION
Can an attorney refuse to sign a substitution of attorney for unpaid fees?
Asked on Oct 20th, 2011 on Criminal Law - California
More details to this question:
My wife's attorney has stated that he is refusing to sign a substitution of attorney until a matter regarding attorneys fees has been heard in court (in January). My wife wants to substitute out her attorney in order to finalize the case, and his office has stated the following categorically: "We are refusing to sign the substitution until the motion regarding attorney’s fees was filed." Is this legal?
20 ANSWERS
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No.
Answered on Jun 03rd, 2013 at 12:39 AM
No.
Answered on Jun 03rd, 2013 at 12:37 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:37 AM
Jacob P. Sartz
Ultimately, issues with substitutions are matters for a judge to decide. If one party is not willing to stipulate to a substitution, the proper course of action is to file a timely motion for substitution and convince a judge that the substitution is warranted.
Answered on Nov 07th, 2011 at 9:09 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Another lawyer can simply appear with your wife at the hearing on the motion to substitute attorneys. The judge will make the ruling on if the substitution occurs - not either lawyer. And, that court is not the original lawyer's collection agency.
Answered on Oct 24th, 2011 at 12:56 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If you or your wife have failed to pay your current attorney, they are certainly entitled to take measures to collect the balance owed. It is also unlikely that another attorney would be willing to accept your case if they are aware that you have not paid your previous attorney's fees. You should attempt to negotiate a payment plan or other means of satisfying your obligation to your current attorney before attempting to hire anyone else.
Answered on Oct 21st, 2011 at 8:50 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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I have no idea, but you can contact NH bar association fee dispute resolution they may know more.
Answered on Oct 21st, 2011 at 2:42 PM
Probably legal. Whether it is ethical is another matter. You wife could file a motion to remove her attorney.
Answered on Oct 21st, 2011 at 2:32 PM
3 Awards
Tell the new attorney to take it to the Judge. The old attorney can try and sue you, but can't prohibit you for obtaining new counsel. Let the Judge put old attorney in his place.
Answered on Oct 21st, 2011 at 1:39 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes it is legal you cannot force an attorney or anyone to sign a document. That said, there are other ways to change attorneys you can just discharge your attorney. But all of this your new attorney should know and if he does not I question his competence.
Answered on Oct 21st, 2011 at 1:34 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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A party has the right to terminate his attorney at any time as long as it doesn't delay the case. A lawyer may not refuse to withdraw because he hasn't been paid.
Answered on Oct 21st, 2011 at 1:20 PM
Assault Attorney serving Richardson, TX
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It is unusual and you should contact the State Bar to inquire.
Answered on Oct 21st, 2011 at 1:19 PM
Steven D. Dunnings
If you have a new attorney, have him/her file a motion for substitution with the court and you file a grievance with the State Bar. If your present attorney doesn't have enough sense to do this, then you need another attorney.
Answered on Oct 21st, 2011 at 12:01 PM
An attorney is under an ethical duty to withdraw if clearly asked to withdraw. The attorney cannot hold a substitution of counsel in abeyance pending a motion for attorneys fees. However, in a civil case an attorney can file an "attorneys lien" on the case.
Answered on Oct 21st, 2011 at 12:55 AM
Michael J. Breczinski
No, he cannot. He can sue for attorney's fees or ask for a lien against any judgement. He can't stop her from getting a new attorney.
Answered on Oct 21st, 2011 at 12:22 AM
Choice of counsel is the client's. Just fire the old lawyer.
Answered on Oct 20th, 2011 at 11:33 PM
Yes. What isn't legal is not paying your attorney pursuant to a signed contract.
Answered on Oct 20th, 2011 at 11:30 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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I would not want to be that attorney. A client has the right to fire their attorney at any time. While the outstanding bill should be paid, such lack of payment cannot prevent a client from firing their attorney. Your wife's new attorney should explain this to her. Additionally, the clients file has to be turned over within days of demand regardless of the outstanding balance. Have your wife's new attorney give the old attorney a call and tactfully review the rules of professional responsibility with them.
Answered on Oct 20th, 2011 at 11:06 PM
2 Awards
It's a Bar violation. Tell him you will file a complaint against him if he won't sign the sub asap.
Answered on Oct 20th, 2011 at 10:38 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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You should report him to the State Bar.
Answered on Oct 20th, 2011 at 10:38 PM