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Can an attorney withhold subpoena documents from you after addressing billing discrepancies. He is requesting more money without addressing the overcharges and has taken money already from the first retainer for subpoenas. I will pay Additional money for the cost of the document production, but due to the Discrepancies there should be money left from 1st retainer. He wants another 4000.00 retainer and is now angry and wants me to release him. He is saying things like “he makes all decisions with the case and if I dont like it to find other counsel.” Huge problem because I have an upcoming hearing early Jan. and such short notice and holidays dont think i can find someone. I also have no idea whether subpoenas were even sent to the Custodian of records because he said he was putting a hold on the subpoenas. I dont trust him and have no idea what to do. I know I can go to the Bar for fee arbitration, but that takes 3-6 months and wont get me the documents or answers that are now
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Look at the engagement agreement. Generally speaking, a client can fire an attorney at any time for any reason or for no reason. Find a new attorney to substitute in and have the file transferred to that attorney. But do note that while the first attorney cannot withhold the file, no other attorney is likely to take the case if you still owe the first attorney money.
Answered on Nov 17th, 2020 at 5:21 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.