QUESTION
What can I do if the attorney withdraw from case leaving me in the middle of case by myself?
Asked on Jan 11th, 2013 on Personal Injury - Michigan
More details to this question:
I paid $1,500 out of a $2,000 retainer fee to the lawyer and because I failed to make several payments. He refused to have any contact with me. In court, he treated me like an idiot that did not understand the seriousness of the case.
10 ANSWERS
This is a general response to a general question and does not constitute legal advice. No attorney-client relationship is created by virtue of this general response. An attorney may withdraw from representing a client because the client fails to pay the attorney's fee as agreed. That said, until such withdrawal (i.e., in a case before a Court or other tribunal, when the attorney formally ceases to be the client's attorney of record) the attorney must continue to discharge all professional obligations and duties owed to the client, and may not take any action to harm the client or the client's case. Once the attorney withdraws, the client should obtain alternate counsel at once to avoid prejudicing himself/herself in the case.
Answered on Jan 16th, 2013 at 7:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to withdraw in the middle of a case, he has to have permission of the court. If he did not get permission, he still represents you. If he did, then you have to get another lawyer, or continue with the case pro se. As for the rest, cause and effect.
Answered on Jan 15th, 2013 at 2:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He had to get court approval to withdraw, so the judge must have agreed that there was an issue. You would have 20 days to file any responsive pleading, if one was due. Your best bet is to call the State Bar and get another referral. However, understand that any new attorney will talk with the old attorney to get a handle on the issues.
Answered on Jan 15th, 2013 at 2:29 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Hire another lawyer. If you weren't staying current with your billing from him, he has the right to withdraw from your representation, and you need to either try to muddle through the case on your own or hire another lawyer.
Answered on Jan 15th, 2013 at 2:28 PM
James Eugene Hasser
Without knowing the exact circumstances, it is difficult to comment. However, if you wish to pursue your case, you need to ask the judge for enough time to get yourself a lawyer and then find yourself a lawyer familiar with the type injury case you have. One final note, though. Although it is not unheard of, it is a little unusual to pay a lawyer a legal fee retainer for a personal injury case. Usually personal injury lawyers will take a case on a percentage contingency basis, which means they don't get paid unless they recover something for you. It's not usually a very good sign of the quality of your case if a lawyer won't take it on a contingency basis. So, if that is the case with you, you might want to seriously consider whether you want to pursue your case.
Answered on Jan 15th, 2013 at 2:28 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Depending on your contract and the rules of procedure, an attorney may withdraw from further representation if you don't pay the bill on time. However, in most cases, and in all criminal cases, the lawyer has to ask the court's permission to dump you, and you can tell your side of the story to the judge.
Answered on Jan 15th, 2013 at 2:27 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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A contract is a contract. If you breached it why does he have to do anything further? In law he does not. a breach is a breach
Answered on Jan 15th, 2013 at 2:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Finish paying him or hire a new attorney. If you feel that the attorney overcharged you based on your fee agreement, you can file a claim with the fee dispute resolution board. You can contact the State Bar Association for more information.
Answered on Jan 15th, 2013 at 2:26 PM
An attorney can withdraw from if the client fails to fulfill an obligation to the lawyer. Not meeting a financial obligation based the on the contract would be grounds for withdraw from the case. While I know that it sounds like advice from the conservative past, people need to make decisions and make sacrifices. If the case matters to you, you may need to put your commitment to your case above other things.
Answered on Jan 15th, 2013 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Attorneys cannot, and will not, go to work for free. Do you? The attorney has a right to withdraw for your failure to pay as agreed.
Answered on Jan 15th, 2013 at 1:45 PM