Can my attorney remove himself from the case even though he still took my money? 10 Answers as of August 27, 2015

We filed in 2010 and my attorney came off my case for conflict of interest he says but still took money, can he do that?

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Depends. Would need to know more about the case.
Answer Applies to: Texas
Replied: 6/5/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
When did he withdraw? What work was done prior to that date? Did the lawyer do what you paid him to do? There is not enough information here to be able to answer your question. You must look to your fee agreement with the lawyer to see how your funds were applied. If the lawyer did work and earned the fees you paid 5 years ago then of course he can withdraw now if a conflict of interest has arisen.
Answer Applies to: Colorado
Replied: 6/4/2015
Stephens Gourley & Bywater | David A. Stephens
That would depend on the terms of the retainer and how much work he did.
Answer Applies to: Nevada
Replied: 6/4/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Has your attorney performed all of the work required in your case? In most Chapter 13 cases, the attorney?s work is completed when a confirmation order is entered. BTW, conflict of interest is often a code word attorneys use for a client that is a problem.
Answer Applies to: Nevada
Replied: 6/4/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
He is entitled to be paid for work actually done but since there was a conflict of interest, he should have known that from the beginning. You can file a complaint with your state bar. Google your state name and "bar". It should come up.
Answer Applies to: California
Replied: 6/4/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Like so much else, it depends. Did he know of the conflict when you first retained him? Did he earn all the money you paid him ( doing serious work at your request)? Did he withdraw very soon after he became aware of the conflict of interest? Did he give you a final accounting of what work he did? You may be thinking of instances where a lawyer knew of the existence of a conflict from the very start, and accepted the assignment anyway or else perhaps concealed the conflict long after he knew of it. In such cases, when they are brought to court, the court can order the lawyer to disgorge the fees he has received. Your account does not tell me enough to consider that possibility. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 6/4/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Depends if he did work, he would normally still get paid for the work he did.
    Answer Applies to: New York
    Replied: 6/4/2015
    Ronald K. Nims LLC | Ronald K. Nims
    He came off the case now, five years later? If he did the services that he agreed to do, then he can keep the money. If he didn't complete the services, then you are entitled to a refund.
    Answer Applies to: Ohio
    Replied: 6/4/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    That would be a yes.
    Answer Applies to: Michigan
    Replied: 8/27/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I do not have sufficient details to form an opinion. I would have to see the fee agreement and be made aware of the circumstances. I also do not understand a case being open for four or five years.
    Answer Applies to: Michigan
    Replied: 6/3/2015
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