Legal Question in Criminal Law in California
Attorney fees
An attorney has been paid 2/3 of his fees for representation in a criminal case and is requesting full payment before the next court date. If we cannot come up
with the money, can he discontinue his services? Isn't that
unethical?
1 Answer from Attorneys
Re: Attorney fees
An attorney cannot withdraw without the permission of the court. In felony cases, the representation is often bifurcated at the point right after the preliminary hearing. Check your retainer agreement to see what the scope of his representation is. In any event, an attorney in a felony case will almost never be allowed to withdraw before the preliminary hearing. Then, once representation continues beyond the prelim, it is likely he will be required to continue until the trial is over. These rules are all based on protection of the client's rights and interests.
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