QUESTION
Can my attorney stop representing me if I owe him $1200?
Asked on Apr 25th, 2014 on Child Custody - Rhode Island
More details to this question:
I have paid him about $5000 and have a balance of $1200. I've been making monthly payments continually but he is saying I owe $2000. I have the bills and doing the math and it's $1200 I'm behind. He's very upset that I'm asking and disputing the amount. I've confirmed the amounts paid and charged with him and they are correct. What are my options since I think he's trying to get more money out of me and he's saying he may not represent me at our upcoming hearing in a month?
4 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally, yes. You can make a motion to withdraw. Attorneys, like yourself, need to be paid when they go to work. I am not familiar with your retainer agreement or how it is your charges arise but generally, if you are not paying your attorney in accord with your agreement they have every right, and in fact an economic necessity, to decline continuing representation.
Answered on Apr 28th, 2014 at 10:51 AM
If you owe him money , then any further work he does for you he is essentially working for free. Would you work for your employer for free? Sent from my iPad. Any typos are compliments of same.
Answered on Apr 28th, 2014 at 10:42 AM
In Michigan an attorney is an attorney of record until there a court order allowing the attorney of record to withdraw or there is an order substituting one attorney for another.
Answered on Apr 28th, 2014 at 10:41 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If you are having these issues with your lawyer, it is like a bad marriage. Time to get a new lawyer prior to your next hearing. If this is a criminal case, your lawyer cannot abandon you, if it is a civil case, your lawyer can legally withdraw from your case with the court's permission. The lawyer must file a motion to withdraw from the case which takes a minimum of 16 Court days. Either way, you probably don't want someone representing you when you have adverse interests. It is better to secure a new lawyer and take your dispute with your current lawyer to the LOCAL bar association where they have alternative dispute resolution. I hope this helps.
Answered on Apr 28th, 2014 at 10:41 AM