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I paid an attorney a retainer which covers all of the cases till pre trial. She is renegging to withdraw .

Nassau, NY |

Background: We hired an investigator but after a short time it was realized that there were conflicting interest, so investigator was terminated. Atty has threatened to use retainer money to pay the little fees and lessen the legal end towards the cases. Doesnt seem legal = Is this legal and what recourse do i hve with the judge in forcing atty to follow the retainer and not cause me hardship or loss of money???? when the attorney is about to make a withdrawal what can i enter to make him follow the retainer// ?? PLS LET ME KNOW ASAP Also , the atty requested additiional court proceeding regarding hearing to remove plaintiffs order of protection in a criiminal court can the judge hear this and do i need to make an application? what do i say re: legal terminoloy

The additional court hearng was the attorneys idea not mine and did not request more money for it . Now after 2 court appearances into this and the hearing is next date, she has basically threatened to withdraw holding up the removal of the order of protection with little basis. what legal term is this labeled as and what can we do /say or file to oppose the monetary loss by her withdrawal to the judgle on the court date or ahead of time???

Attorney Answers 3


  1. The wording in your case is confusing, and it seems to be discussed in your companion post. I refer you to that which hopefully answers this post.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  2. Your question is unclear. However, as a general rule of thumb, an attorney can withdraw if the court allows, and the fees due the attorney can be set by the court, or in another proceeding. If you feel you are owed money back, you can sue for it.


  3. I charge fixed fees for an entire case, but "entire" can vary and I focus on family and divorce law.

    Some cases wind up through trial and entry of an order or judgment. The client in such a case gets the most for his money. However, "entire" may end upon the discovery of a conflict or a break down in communication with the client. The client can ask for an accounting and I produce a time sheet showing that the fixed fee has been expended.

    These points are stated in my retainer but I have no idea what your retainer with your attorney stated. The fixed fee system is an awesome way for the lawyer to focus on the case and not upon billing and a wind fall for a client who pays much less.

    Another quirk is that I focus on family and divorce law. The requirements imposed upon me by the office of court administration is different than those of a tort lawyer, for example. My retainers have to state that arbitration comes first and law suits for refunds comes thereafter. Again, I don't know what your retainer says.

    I also do not understand your recitation of the procedural history of the case. It doesn't make sense. Perhaps you should contact an attorney and show that attorney your retainer and all the documents produced in your case thus far. This will yield a cogent explanation of how far your case has progressed and whether the value paid to your attorney was substandard or not.

    Good luck.