Can my lawyer charge me for his motion to be dismissed from my case if I dont sign the SOA he wants me to sign?
3 attorney answers
It's better to cooperate with your attorney to terminate the relationship as amicably as possible. Otherwise, you will force your lawyer to file a motion to withdraw based on your failure to cooperate, which will be a red flag when you try to hire a new attorney.
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Absolutely. No doubt your attorney-client fee agreement says that you will pay for all work that the attorney is required to spend on your matter. When you refuse to sign a Substitution of Attorney form the attorney is required by law to seek legal permission to withdraw. If you wish to avoid the expense, sign the SOA. Unless substantial prejudice will result from the timing or method of the request to withdraw, the court is going to grant it anyway.
Good luck to you.
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Yes, you can be charged. The motion is part of required representation. I suppose if the motion is denied (unusual), you could make the argument you should not be charged. You do not mention the reason for the hearing. Ask your lawyer to obtain a reasonable continuance (30 to 60 days) and, if obtained, execute the substitution. That should make both of you happy.
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