What are my options if I no longer have enough money to pay my divorce lawyer?

Question

I filed for divorce and my 2 children are currently living with me as ordered by the judge. I currently have a lawyer but ran out of money after having paid $30,000 in 3 months. I know the lawyer will file a motion to drop me as a client. If I go to the motion and argue my case (nothing has been accomplished in this 3 months, there is no agreement on anything), would it be possible that the judge ordered the lawyer to continue working on the case? Is my only alternative doing it pro se?

George Derieg · Answer

$30,000 seems a little steep for only 3 months of work, however you have a right to know what the lawyer did to charge so much in so little time. However, a lawyer is not an indentured servant and a court will not force your lawyer to work for free because you don't have money.

Melvin Franke · Answer

Possible but not likely. You need to ask for a refund of the fee or ask the Judge to order your spouse to pay your lawyer.

Dennis P. Mikko · Answer

You could make your argument to the Court at the time of the motion hearing.  No one can predict what the judge will do.  If you have paid $30,000 in three months and nothing has been done, you should speak with the attorney and seek the advise of another attorney.  F

James Lentz · Answer

The lawyer must ask the court for permission to withdraw as your attorney. This does not happen automatically.  When the motion is filed you will have to be notified by certified mail.  Object to the motion by sending a letter to the court specifying your payment to the attorney.  You may wish to consult with another lawyer about your rights.  Good luck.

Rhonda Ellifritz · Answer

I am really shocked at how much some attorneys charge and get so little accomplished.  I can't say your attorney overcharged you, but sometimes going in to fight major battles does not benefit the client as well as negotiating.  Your attorney cannot simply abandon you, but they can make a motion to dismiss. You may have to use the family law facilitator to help you.

Steven Alpers · Answer

You may be stuck.  You could ask for a low cost attorney through your local bar association or possibly a free attorney through legal aid.

Austin Hirschhorn · Answer

If you have a job and the ability to pay your lawyer, you should contact him or her and try to arrange a payment plan for the services you need to complete your divorce.  If you already paid $30,000 to your lawyer in 3 months it seems to me that there is a lot of marital property to be divided and that when you receive your share, you should be able to pay your lawyer.  Why do you think your lawyer will file a motion to withdraw from representing you?  Did he or she tell you this?  Are they fully aware of your financial circumstances?  I would think that if someone has been representing you for 3 months they would have some idea of your financial condition and the marital estate and be able to make arrangements with you for payment.  If the lawyer should file a motion to withdraw I think the Judge might put pressure on the lawyer to continue representing you based upon what you have paid up to now.  I don't recommend that you try to handle this case on your own.

Harry Roth · Answer

Maybe it is the only alternative.  You may be able to give the lawyer a lien on real property in lieu of payment now, if he accepts and your soon-to-be ex can't talk the judge out of it.  You may be able to get the judge to direct your attorney not to withdraw, but think hard before you go there.  Is that what you want? You could ask your attorney to file a motion with the court asking that the other side pay your fees and to continue in the case at least until that motion is granted.    It is not the case that nothing has been accomplished.  You have a court order for custody of your children and, one presumes, child support.

Clayton Lockhart · Answer

After the hearing on his motion, the judge will make a determination of denying his motion to withdraw, granting his motion to withdraw, or granting the motion to withdraw only after substitute counsel has been found, or if you consent to proceed pro se.

Barbara A. Fontaine · Answer

If what you say is accurate, you probably should call the state legal ethics committee for advise.  Ask the Court clerk for advice as to whom to call.

Loren Zahn · Answer

There is no chance that the Judge will order the attorney to remain on the case. If you have incurred $30,000 in 3 months and nothing has been accomplished, why would you want to remain with that attorney anyway? You would just have to continue to pay him money. If the other side has funds from which you can pay attorney's fees, then perhaps a change of attorney and a request for attorney's fees from the other side is appropriate.

John Kirchner · Answer

It is possible for the judge to deny the attorney's request to withdraw; but, not automatic.  If the attorney has charged you $30,000 for only three months of involvement there is a high probability that that is an excessive and unjustified amount.  But, you need to obtain detailed billing statements in order to demonstrate to the judge that the lawyer's conduct is improper.  As a practical matter, you would probably be better off to ask the judge to refund the unreasonable excess and use that to hire another attorney instead of trying to keep the present lawyer in the case.  If the judge concludes that the fees billed are reasonable and in compliance with a valid fee agreement and allows the attorney to withdraw, your only choices are to find another attorney or proceed pro se.

Glenn Tanner · Answer

Very unlikely.  We gave up on slavery in this country a long time ago.  You can represent yourself with or without getting advise and coaching from an attorney which greatly decreases your legal costs.

William Spern · Answer

30K should be enough to cover all but the most unusual divorce. Object to any withdrawal and have the court deny any request.

Bernal Ojeda · Answer

Go to a legal clinic there are many.

Michael Yeksavich · Answer

You should discuss this situation with your attorney.  He or she might disagree  that nothing has been accomplished.

Grady Gauthier · Answer

It sounds like you have paid a lot of money for not very much result.  You should first ask the attorney for an accurate accounting of time spent on the divorce for money paid.  You may also seek the assistance of the court/judge of you feel your attorney has overcharged or billed you for this matter/representation.

Robert De Groot · Answer

Perhaps get another who will not charge so much. Pro se is not the way to go. Perhaps the judge will see how much has been paid to the attorney and require the attorney to continue to represent you. That is doubtful.

Robert Merlin · Answer

Although it is possible that the judge will order your attorney to keep representing you (it happened to me once), that is not the law and you should expect that the judge will let your attorney out. You always have the option of representing yourself. If your spouse can afford to pay for all or a portion of your attorney's fees, you should go into court and ask the judge to order your spouse to give you some money for an attorney. If your spouse cannot afford to pay any of your attorney's fees and you qualify financially, you may be able to get an attorney for free. You should check with your local courthouse to see if they have a pro bono program. Not all of the counties in Florida have such a program.

James Weiner · Answer

Your attorney will be able to withdraw if he is not being paid... usually a judge will not order him to stay on without getting paid .. you would  have to have a great reason to force him to continue.. lack of funds is not enough. You can act pro see or you can hire another attorney if you can afford one.

Dean Esposito · Answer

In all likelihood, if the lawyer request that he withdraw as counsel and asserts  valid grounds, the lawyer's request will be granted.   The judge may order the attorney to represent you at a certain hearing or trial  if the attorney's withdraw would jeopardize your case.

Jane Ginsburg · Answer

It is highly doubtful the Judge will order to continue working for you if you owe the lawyer money. And if you are not happy with the lawyer's work, why would you want him working for you anyway? Depending on your financial circumstances, you may be eligible for free or low-cost legal assistance from your local bar association.

Tajara Dommershausen · Answer

Call your lawyer and discuss a payment plan with him/her.  They might be willing to work with you.

Monica H. Donaldson Stewart · Answer

The judge will not order the lawyer to continue working on the case without compensation (you wouldn't continue to go to work each day if you weren't getting paid and neither will your lawyer); however, you may want to carefully review your invoices to determine how your attorney used $30,000 in such a short time.

Leonard A. Kaanta · Answer

The judge will release the attorney, and you can proceed pro se.

Dennis Leffert · Answer

If your spouse agrees, you might want to consider Mediation.  Mediation is Fast, Effective and AFFORDABLE.  Good luck.

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What are my options if I no longer have enough money to pay my divorce lawyer?

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