Legal Question in Civil Litigation in California
I want to withdraw my case but my lawyer won't do it unless I pay up his fees. Can I withdraw without him?
2 Answers from Attorneys
Do you mean that you want to dismiss your case, or dismiss your attorney?
In either event, you have the absolute right to do either (which is not to say that doing either is the right decision. Dismissing your case, for example, could expose you to a judgment for costs and even attorneys fees to the opposing party).
Your attorney cannot hold your case or his/her status as your attorney hostage to the payment of fees. To do so would violate state bar rules - and most attorneys know that.
So please clarify what you are attempting to accomplish, and provide more details about your attorneys response. You can call or email me if you'd like to discuss it further.
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