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Can an attorney withdraw from a case for nonpayment of fees?
Anonymous2 views5 answers
My attorney failed to bill me for 14 months. I had no idea my retainer had been used up and that I was accruing fees during my divorce. After they sent the first invoice 14 months later, they demanded payment in 30 days. I requested a payment plan or a motion for my estranged husband to pay a portion of my fees they declined both, although I was billed for a document preparation for maintenance and fees, neither of which was ever presented to the court. When I couldn't pay the entire amount he filed a motion to withdraw as my attorney. I have paid a total of $1500 towards the bill in one month. I was only two court dates away from having the divorce finalized. Is this ethical?
Yes, your attorney can withdraw for nonpayment but it sounds as if you have made every effort to get caught up. Your attorney may have a problem trying to collect from you. Hire a new lawyer to finish the job. Here is language which is supposed to be included in the engagement letter you and your attorney should have executed:
(5) FEES. The counsel's fee for services may not be contingent upon the securing of a dissolution of marriage, upon obtaining custody, or be based upon the amount of maintenance, child support, or property settlement received, except as specifically permitted under Supreme Court rules. The counsel may not require a non-refundable retainer fee, but must remit back any overpayment at the end of the representation. The counsel may enter into a consensual security arrangement with the client whereby assets of the client are pledged to secure payment of legal fees or costs, but only if the counsel first obtains approval of the Court. The counsel will prepare and provide the client with an itemized billing statement detailing hourly rates (and/or other criteria), time spent, tasks performed, and costs incurred on a regular basis, at least quarterly. The client should review each billing statement promptly and address any objection or error in a timely manner. The client will not be billed for time spent to explain or correct a billing statement. If an appropriately detailed written estimate is submitted to a client as to future costs for a counsel's representation or a portion of the contemplated services (i.e., relative to specific steps recommended by the counsel in the estimate) and, without objection from the client, the counsel then performs the contemplated services, all such services are presumptively reasonable and necessary, as well as to be deemed pursuant to the client's direction. In an appropriate case, the client may pursue contribution to his or her fees and costs from the other party.
(6) DISPUTES. The counsel-client relationship is regulated by the Illinois Rules of Professional Conduct (Article VIII of the Illinois Supreme Court Rules), and any dispute shall be reviewed under the terms of such Rules.
If you didn't file a motion per 508(e) to challenge the fees, there isn't much anyone can do for you. The motion that was drafted and NOT presented might be something, pursuant to Kaiser (That's a very famous case dealing with what a lawyer can, and can't, charge for) might not be billable.
Not clear if you're still represented or if something else is going on. Talk to a family law attorney in your area for specific guidance.
Yes, it is ethical. He would not have been allowed to withdraw if he attempted to do something unethical. It sounds as if you are close to completing your divorce. If so, the cost for completing the divorce should be pretty reasonable. Talk to another attorney in your area to complete the work soon. Many attorneys do not charge for initial consultations with prospective clients.