Can my attorney withdraw from my case until I replenish my retainer? - Child Custody Law Questions and Answers- LawQA.com

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Can my attorney withdraw from my case until I replenish my retainer?

He was ready to go to court on August 19. Then he had it postponed and is now saying he has reviewed the case and decided that more information is needed. There was 120 dollars left in retainer at that time and now he has used that up reviewing the case and wants $1400 more dollars. I don't have it right now and he has withdrawn and is not even going to court with me.

Horizons Law Group, LLC
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Yes, it is usual to keep ahead on your attorney fees, and typical for the attorney to withdraw if no funds are on deposit.

Answer Applies to: Wisconsin
Replied: 9/12/2011

Law Office of Roianne H. Conner
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It depends on the contact that was signed at the beginning of the representation.

Answer Applies to: Alabama
Replied: 9/11/2011

Answer By Maury Beaulier
Beaulier Law Office
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Yes. An attorney in a civil case may withdraw at any tie for any reason so long as the client has sufficient time to seek new representation.

Answer Applies to: Minnesota
Replied: 9/10/2011

Holmes Law Offices
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In order to withdraw he needs to file a motion to withdraw and get an order of the court permitting his withdrawal.

Answer Applies to: Michigan
Replied: 9/9/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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Yes. In general an attorney can withdraw any time he or she is not getting paid. Now, in your case there may by issues with the timing of the withdrawal. Generally, when an attorney does withdraw, he or she should not do so on the eve of a trial or hearing. He or she should give you at least some time to get another attorney or to get the hearing continued again. Exactly how much time that is has to be decided on a case by case basis.

Answer Applies to: Washington
Replied: 9/9/2011

Theodore W. Robinson, P.C.
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No, he cannot simply withdraw without court approval, so if he threatens to refuse to go to court with you on ascheduled date, he may be subjected to a Grievance Complaint, which he does not want to have to answer, which will only take him more time. I suggest youpay him something in good faith to show your willingness to pay his full fee eventually and ask him nicely to attend. Only if he steadfastly refuses should you then suggest that he must attend until he gets court approval to withdraw from your case. Depending upon the point at which you in your case, he may not be allowed towithdraw and he cannot do so unilaterally without the Court's approval. Good luck.

Answer Applies to: New York
Replied: 9/9/2011

Answer By Steven Dunnings
Dunnings Law Firm
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Failure to pay your attorney can constittute a breakdown of the attorney/client relationship as a basis for terminating representation.

Answer Applies to: Michigan
Replied: 9/9/2011

Cody and Gonillo, LLP
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You should review your retainer agreement that should spell out the rights and obligations of both parties.

Answer Applies to: Connecticut
Replied: 9/9/2011

Michael D. Fluke, P.A.
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Legally, in a civil case such as a divorce matter, a lawyer may withdraw for failure to pay.

Answer Applies to: Florida
Replied: 9/9/2011

Answer By Paul A. Eads
Law Offices of Paul A. Eads, A.P.C.
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How has he withdrawn? Unless he files a Sub of Attorney (which you sign) or a Notice of Withdraw, he is on the hook.

Answer Applies to: California
Replied: 9/8/2011

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