Can my attorney withdraw in the middle of my trial if I don't pay my balance? 11 Answers as of April 23, 2013

I have paid $5,000 in the form of a retainer. This is a child support and custody case. I have temporary orders signed by the judge and opposing party. I have a $640 balance and they said if I do not give them $2K by Monday they will withdraw.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The lawyer must request permission from the Judge to withdraw. If there is actually a trial under way, the Judge is very unlikely to let the lawyer withdraw. If it is earlier in the case, and you have been given a reasonable time to catch up on payments, the Judge would likely permit withdrawal. I suggest you talk to the lawyer right away and make some kind of installment arrangement, which always looks best if it is accompanied by the first payment.
Answer Applies to: Wisconsin
Replied: 4/23/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
Yes.
Answer Applies to: Nevada
Replied: 4/22/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
Your attorney is entitled to be paid. However, if they make a motion to withdraw, the court may deny their request as you are in the middle of trial and their withdrawal could jeopardize you. Find some way to pay your attorney so they finish the trial.
Answer Applies to: California
Replied: 4/22/2013
The Law Offices of Tres A. Porter | Tres A. Porter
It depends on the wording of your fee agreement with the attorney. However, more than likely the answer is yes. If you refuse to pay a balance your attorney is likely not going to be obligated to continue to work on your file. I would urge you to make arrangements with your attorney or retain new counsel if you are not happy with your current attorney, but ask yourself first if you are unhappy due to the attorney or due to the cost.
Answer Applies to: California
Replied: 4/22/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Depends on the retainer agreement. They will have to file a motion to withdraw but, just like you, cannot be expected to work for free.
Answer Applies to: Michigan
Replied: 4/22/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    They can seek to withdraw by motion to the court.
    Answer Applies to: New York
    Replied: 4/22/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Two different questions. Can they withdraw if you have not paid? Yes, generally, but they need to get the court's approval. Can they withdraw in the middle of trial, I sincerely doubt any judge would allow that.
    Answer Applies to: Idaho
    Replied: 4/22/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a your lawyer. And do that soon. You may want to talk to another lawyer too, get a second opinion.
    Answer Applies to: New Jersey
    Replied: 4/22/2013
    John Russo | John Russo
    Yes they can, nothing against your character but as attorney's we learn at an early stage of our careers a valuable lesson; Don't let clients get ahead on fees. We have all been burned big time over fees.
    Answer Applies to: Rhode Island
    Replied: 4/22/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    They would have to ask the court for permission to withdraw. It is up to the court to approve it; however, if you are actually in trial that is unlikely but if you are just in the process of preparing for court, it is likely the judge will allow.
    Answer Applies to: Wisconsin
    Replied: 4/22/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    They can with draw for non payment of fees.
    Answer Applies to: Georgia
    Replied: 4/22/2013
Click to View More Answers: