Can a lawyer intervene to keep your case from closing for failure to pay his fees? -

Our lawyer has continually been unclear and misled us about his legal fees from the very beginning. We owe him a small balance and intend to pay it. However, we ve pointed out his discrepancies, asked for clairification, and now he is saying that will withdraw due to nonpayment of fees and is threatening to intervene to keep our case from closing. Can he do that? Answers from attorneys or legal community appreciated but not exclusive.

Hmmm, I would call the local state bar association and ask to speak to their professional responsiblity division. Ask what your rights are in your state and then refer that attorney to them for misconduct.

Your lawyer is supposed to be representing you. Any effort on his part to keep the case from closing would be malpractice on his part. My wife works for a lawyer and one of their clients ran up a $50,000 bill. They had a feeling from the way he talked that he was going to refuse to pay it, but my wife s boss continued to represent him and finish the case. Sure enough, he refused to pay the bill. Your lawyer may ask the judge to withdraw from your case, but I don t think he can purposely try to harm your case by keeping it open. Until he is officially off your case, he must continue to represent you.

No, he cannot do anything to keep your case from closing, short of bribing a judge. But, he can likely withdraw due to your fee nonpayment. Depending on how far the litigation has progressed, he may need to obtain permission from the court to do so. The fee arrangement should be in writing, so how could it be unclear? You can also fire this guy. I would have done that as soon as he started the threats. Of course, you will still owe him whatever fees are due, and he can place a lien on any recovery you get from your case in order to secure his fees. Note that my answer is vague. That s because your question is extremely short of facts. Additionally, ethics rules vary from state to state. So, some things are legal in some states, but not in other states.

I hope the fee agreement is in writing and that you have copies of not just his bills, but of any queries you made regarding his bills. He absolutely cannot stop your case from quot;closingquot; but as already noted, he can request a judgment in the amount he said is owed. Keep in mind though, that if he files a motion to do that, you have the opportunity to rebut it as he must give you notice of his intent. He can always request the court for permission to withdraw, but again, you ll have notice of that too. He can t simply leave you hanging with a judgment over your head without your having the chance to speak your side. If you haven t already done so, I would certainly put any concerns you have about his bills in writing as well as making sure you specify that you have every intention of paying the bill once the questions you have are answered sufficiently. Good Luck.

It depends on the type of case. Unless a court grants his motion to withdraw, he is representing you and has to protect your interests. That being said, he can do the minimum necessary to protect your interests. He is treading a fine line by saying he will intervene to prevent the case from closing. This is a very non-specific threat but a threat nonetheless. You may have a grievance against him but without more and more detailed information, it s impossible to say for sure.