QUESTION

Do I really have to pay my attorney after withdrawing from my case without notice?

Asked on Oct 24th, 2016 on Personal Injury - New York
More details to this question:
My attorney withdrew from representing me. I found out in court just a few minutes before my case was called when his son handed me a letter. My attorney wasn't even in court to file a motion to withdraw. I had to represent myself that day. I had no conversations with my attorney for 3 months prior even with my attempts to contact him. Now he is suing me for all the fees. Isn't there some sort of protection for me? Ethical and moral issues on his part?
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1 ANSWER

Generally, abandoning a client while the case is in a court cannot be done without a judge's permission. But, if the client does not abide by the terms of his agreement with the attorney - does not follow attorney's instructions, does not produce requested documents, does not show up for depositions and hearings, does not pay attorney's invoices for legal fees, etc. - a permission to withdraw is usually granted. Under the same circumstances, attorney usually can withdraw from the case before the first court appearance on the case without asking for the judge's permission. The client then has the option of asking the judge to adjourn the hearing to another date so the client might get another attorney. So, technically, your attorney did not violate professional ethics if - he had a reason to withdraw, - your trial was not yet in progress, and - he did not keep the money you paid him in advance for the work he ended up not doing. If he is now suing you for the fees, he will have to prove to the court that - you retained him to do a certain professional work; - he has done for you the work that was proper and necessary on your case, and in accordance with the terms of your retainer agreement; - that the fees he now demands are reasonable and the ones you agreed to pay and - he demanded payment and did not receive it. You will have to defend yourself. I cannot tell you how exactly you should do that because your defenses depend on the facts and circumstances of your case. But one thing is quite certain: the mere fact that your attorney had withdrawn from representing you is not enough to win this dispute, you will need more facts and arguments. No matter how much you might hate this, you likely have to hire another attorney to defend you.
Answered on Nov 22nd, 2016 at 4:41 PM

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