QUESTION
Involved in a difficult probate case with siblings. My lawyer decided to withdraw after I said no to 15% instead of agreed hourly rate. What now? .
Asked on Apr 05th, 2016 on Wills and Probate - Georgia
More details to this question:
My lawyer & I had verbal agreement on hourly rate, When he realized I could received a large sum from property sale, he decided he wanted 15% contingency instead of hourly rate. I said no and he's withdrawing from the case. He didn't send a letter or call or anything. He emailed a pdf of legal document asking court to withdraw. There is no reason on the form. It states that I have 10 days to object. I certainly don't want an attorney that behaves this way, however I don't think this is fair or ethical. What do I do now? How do I object to the court? Will another attorney want to work with me after this?
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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Robert W. Hughes & Associates, P.C.
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What you really do not want is the current lawyer representing you. You should have had a written agreement with the attorney from the beginning. Even if you had an agreement, an attorney is free to withdraw from a matter, even for a bad reason like he wants you to pay him more than the agreement provides for him. You should immediately hire a new lawyer, get a written agreement from the lawyer concerning what he will be paid and what he will do for you. Let the lawyer know exactly what you need him to do. Most lawyers are perfectly happy to work for an hourly rate and that is what you should continue to look for.
Answered on Apr 07th, 2016 at 10:42 AM
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You should have insisted on getting a written engagement letter at the beginning of the work, and your attorney should have insisted on one, too. I can't really directly comment on whether your attorney's behavior is or is not ethical, as I don't have anywhere near all of the facts, but if you think you have grounds for an ethics complaint you can speak to the State Bar Association. I would think you will still be able to find another attorney that is willing to work with you, although if court proceedings are already going on you'll probably need to hurry and find one. Best wishes to you.
Answered on Apr 05th, 2016 at 1:08 PM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.