Can my attorney refuse representation in the middle of a case because of money owed?

Question

I have paid my attorney over $5,000 over the course of 2 years to represent me in a case of contempt filed against my ex-husband. My current balance is $4,100 and my attorney is refusing to do any more work for me until it is paid. My credit and financial well being are already at risk. This is why I am filing contempt to begin with, we are also asking the judge to award attorney fees. Now my attorney is refusing to continue to represent my best interest because of money owed to the firm.

Jules N. Fiani · Answer

Yes.

Andrew Subin · Answer

No.

Jacob P. Sartz · Answer

Ultimately, if you have a breakdown like this, it may be best to terminate the attorney-client relationship. These situations may escalate and possibly harm both parties.  Judges, generally, will agree to allow an attorney to withdraw  from cases in disputes over money because it means that their relationship has  broken down. You'd have to carefully review the fee agreement for more  information as well.

Robert Watkins · Answer

It is a good reason lawyers ask the court to allow him/her to withdraw. The Court's generally allow such requests unless extenuating circumstances exist. Lawyers, like all other professions, are entitled to be compensated for their work.

Jared Austin · Answer

Your attorney has an ethical obligation to continue working on your case as long as he is the attorney. If not, you can file a grievance against him at the state bar. However, he can file a motion to withdraw as counsel and if you were behind in paying him, the judge may grant his motion. You will probably have to come up with some money to keep him on as your attorney.

Stephen Freeborn · Answer

An attorney could try and step away from your case.  No one wants to work for free.  With criminal cases, it's a little harder as it requires the approval of the judge.  Your case description sounds like it's more civil in nature.  In civil cases, there really is no restriction imposed on an attorney.  He/she can decide to no longer represent you for any number of reasons, including non payment.  Hopefully, you can work something out.

Paul J. Wallin · Answer

It depends upon what the terms of our written contract with the lawyer states. However, the lawyer must make a motion to be relieved as counsel before he can stop working on your case.

Jeffery Cojocar · Answer

depends on the attorney's policies and retainer contract, but typically yes they can.

Geoffrey MacLaren Yaryan · Answer

Yes he can withdraw if you are unable to pay him. However, a judge must   approve, and if it is close to trial that is unlikely.

Terry W. Rose · Answer

Your attorney would need to make a motion in the court to withdraw as counsel.  If the attorney does not, the attorney is obligated to represent you.

Roianne Houlton Conner · Answer

Under the Alabama rules that Attorneys must abide your attorney can refuse to do anymore work until paid.  If there is a Court date the attorney must withdraw from the case in enough time to allow the client to get a new attorney.

Michael J. Breczinski · Answer

He has to ask the judge to be let out of the case. THe judge may not let him out. There has to be a hearing unless everyone agrees that he can get out of the case.

Dennis Roberts · Answer

Civil attorneys are not really of big help. You might contact the Bar but I doubt it will do any good.

Craig Elhart · Answer

If it is an ongoing case, the attorney would have to seek permission from you or the court to withdraw.  If it is for a new matter, the attorney could decline to accept new work until a past due bill is paid.  Attorneys earn their living by representing people in court and during legal matters.  They cannot work indefinitely for free.

Michael Nack · Answer

An attorney has the right to be compensated for his time and effort on your behalf. I hope that you have a written fee agreement and the terms  of  that agreement will control. In far too many cases, the client does not pay   the attorney's fees as agreed and this causes a severe strain on the   attorney-client relationship. Do you work? Do you get paid for your work? Why   should the attorney be treated any differently than you? Does your boss have the   right to make you continue working but refuse to pay you? Clients who do  not pay  their attorney's fees often put a strain on the attorney's ability  to satisfy  his or her financial obligations. Attorneys have bills to pay  just lie you do. In most cases that are pending in court the attorney will  need to obtain the  Judge's permission to withdraw from the representation, but  this permission is  routinely granted unless the Motion to Withdraw comes  too close to a trial setting. I would advise you to make some arrangements to straighten things out  with your attorney and allow him or her the opportunity to complete the  job.

Timothy Klisz · Answer

Yes, they can move to withdraw as your attorney. It's up to the judge.

Terry Nelson · Answer

He CAN do anything he likes, including firing the client for non payment. If you dont keep your end of the bargain, he doesnt have to either.  You dont expect him to work for free do you?  The rules say he should quit only if you have adequate time to get new counsel to represent you properly.  He cant quit the day before trial, as an example.

Maureen Baldwin · Answer

Since you hired the atty to prosecute a civil contempt in family court, you are bound by any agreement that the two of you reach. That is not a criminal defense matter. the court has more "say" over criminal defense matters and may not have released him.

Jeff Yeh · Answer

No worries. Attorneys are not allowed to just stop working. Go to court and tell the Judge what is happening. Better you, tell your attorney that you will go to court at the next hearing to address this issue to the Judge. Chances are, the lawyer will budge.

Jared Altman · Answer

He may ask to be relieved as your attorney by the judge because you have not paid. But, while he remains your attorney of record, he owes you an ethical duty to continue representing you.

Marc B. Geller · Answer

It depends on your written fee agreement. If it was a criminal case, the lawyer may not be permitted to withdraw; in a civil contempt case the retainer agreement should answer your question.

Michael Morgan · Answer

An attorney normally needs permission of the court to withdraw from an active casebut under the circumstances you described that permission should be granted.

Harley Gutin · Answer

An attorney needs the Court's permission to withdraw from a case.  The Judge may not let the attorney withdraw, if you object, merely due to money issues.  But you may not want an attorney who is not committed to your cause representing you.

Thomas Tomko · Answer

Michigan is an at will employment state. Therefore, an employee can terminate their employment without cause. Non-payment is cause. In attorney cases, the attorney generally cannot be forced to continue to work if there is a fee dispute.

Michael D. Fluke · Answer

You have no right to an attorney in a civil case such as a Family Law matter and if you have violated the terms of your retainer agreement the attorney has every right to withdraw.  Most attorneys will not rely on the prospect of recovering attorney fees and costs in continuing their representation.  Assuming the final hearing is not within the next few weeks, a court will allow that attorney to withdraw.

Loren M. Dickstein · Answer

Judge's do not award attorney fees in criminal cases so I'm not too sure what type of case you are referencing. If your lawyer is not doing additional work because you are not paying him, that doesn't seem unreasonable. If you go into a grocery store and ask for free food, it is unlikely they are going to just let you walk out with some free food. A lawyer's time is his commodity and lawyers should not be expected to work for free. The money you've paid is for past work and doesn't entitle you to special credit toward free legal services.

Steven D. Dunnings · Answer

He would need to get an order from the court to allow him to withdraw, but your failure to keep your account current with him/her is a basis for alleging a breakdown of the attorney-client relationship.

Michael Chastaine · Answer

Being an attorney is a business. If you agreed to pay a certain rate and are refusing to honor the contract, the attorney can terminate the representation.

Michael Lynch · Answer

It all depends on the fee agreement between you and your attorney. Typically, the fee agreement would hold you in breach if you have not  paid the fees. Because of the breach the attorney has a right to  request you to signed a substitution of attorney form. If you fail to  sign, the attorney has the right to petition the court to allow him to  pull out of the case. Most courts will allow the attorney to do just  that so long as the case is not close to trial.  Since you described the  matter as "in the middle"  most likely the court would grant the  request.  You are in a difficult position.  You need to either pay the  attorney, find a new attorney, or represent yourself. My suggestion would be to take your attorney to lunch and have a heart to heart discussion.

Carina Laguzzi · Answer

If you have an agreement with your attorney, then he or she has to finish   getting paid before they can continue working.  If you cannot, advise your   attorney and you can petition the Court for the services of the Public   Defender.

Robert English · Answer

It depends on your agreement. Attorneys are not required to work for free. The attorney has a duty not to let important deadlines slip by, but may not necessarily be required to push forward while there is a large balance owed. You have the right to sub out that attorney and retain new counsel or proceed pro per.

Seth Bloom · Answer

You should work with your attorney to attempt to arrange a payment plan, but if you made a promise to pay a certain amount by a certain deadline, then it may be possible for your attorney to refuse to continue to work on the case.  This will depend upon the nature of your original agreement at the time that you retained your attorney's services.

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Can my attorney refuse representation in the middle of a case because of money owed?

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