In most instances, your fee agreement will state the responsibilities of the attorney in the event of non-payment. Typically, the attorney does not need to act, unless payment has been made. However, the attorney must attend scheduled court appearances unless he or she has been granted leave to withdraw from your case.
Your retainer agreement governs the contractual relationship between you and your attorney.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
Would you want an attorney to represent you who has not been paid? Also, how happy do you thiink the lawyer will be to go to court without being paid? I think these are the real questions. Have a discussion with your lawyer to work things out or consider a new lawyer.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.