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Can I file a motion to compel on a foreclosure proceedings?

New York, NY |

Had my lawyer for over 2 years , during this time I think I only spoke to him 5 times.he always had his assistance tell me the updates , and go to court on his behalf.I've paid him and yet I see no results, two weeks ago
he said he was going file a motion to compel, he never did!! Now today he says he needs 3,000 to file the motion, what a horrible lawyer, I need a new one. How do I go about doing this, my Lawyer wants money and shows no results.he's trying to put me up against a wall, and overcharge me.because I'm afraid I'll be kicked out on the street. Please help

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Attorney answers 2


You have an absolute right to change your lawyer, but a lot depends on whether you have a retainer agreement with him. Even if you do, that does not mean that you necessarily owe him for everything he claims he did during the period of his representation. He is entitled to the value of the services rendered, called "quantum meruit." He may be given a lien on your file, which means that he'll be paid an amount to be determined by the judge at the end of the case.

You need to retain a new lawyer, quickly. If you don't know of anyone, you can call the New York County Lawyers Association on Vesey Street in downtown Manhattan. Ask for the names of several lawyers who do real estate litigation. You can also ca

l the Kings County, Queens County and Bronx County Bar Associations, and ask for the same referrals. Lawyers outside of Manhattan are just as good, and they usually charge less.

Act immediately, and good luck!

I am an attorney admitted solely in NY. None of the answers I submit on this forum constitutes legal advice, even to questioners in NY, and no attorney-client relationship is hereby created.


The client usually has the right to terminate the attorney-client relationship. Check your engagement agreement and the rules of the court that your case is in. In some cases, the court needs to approve the termination of the client-attorney relationship.

In addition to the bar associations noted by my colleague, the New York City Bar ( also provides attorney referrals. Or you might contact one of the attorneys you locate on Avvo or other attorney search database.

There's no guarantee that another attorney is going to be able to obtain quicker results or charge you a lower price. The length of time the case takes is largely dependent on the court. You do not say how much you have already paid your attorney, but you probably were (or should have been) charged less for speaking with his assistant than you would have if the senior attorney handled every call.

If you haven't already paid him, you may owe your current attorney for past due services, but you may not owe the full amount invoiced. Your first step should be to discuss any unpaid fees with your current counsel.

Good luck!

The answer provided here is for general information purposes only and does not constitute specific legal advice. This response does not create an attorney-client relationship. For specific legal advice, you should consult with a licensed attorney.