Legal Question in Civil Litigation in California

Can an attorney request to substitute out of my case 4 weeks before trail? If so can he demand payment at that time or threaten to charge more if I didn't pay him now at the end of my case? I don't owe any money or have a outstanding bill from this attorney.


Asked on 10/04/09, 7:04 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Whoa! That puts you at a severe disadvantage. Take a look at your retainer agreement and see what it says about your paying fees and costs. On contingency cases, some attorneys will ask the client to put up expected costs for a jury trial, including court reporter and jury fees. In addition, creating exhibits and especially compensating experts to testify also cost a lot of money. Perhaps that's what concerns the attorney.

Read your retainer agreement again, and see what it says about who pays for such trial costs. Then have a calm discussion with the attorney -- perhaps in person -- about what it is he's seeking and how you can work with him to get the best result. Good luck!

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Answered on 10/04/09, 7:16 pm


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