Legal Question in Legal Malpractice in California
Attorney wrongfully withdrawing and keeping fee...
I hired an attorney for a criminal case, the case is in the last stages of a deal being accepted... i called him to get an update and i has some questions about other things regarding to the case. He did not return my call a weeks later a letter was sent asking him if that is how clients were treated... He got upset he said that i should not have said that and he told me that after the next court date he will withdraw from the case and he will no longer represent me... Now i am stuck finding a different lawyer and shell out some more money that i dont have...
Their was no reason for him to withdraw as my lawyer i did not threten him nor was i extremly rude...
If he does withdraw as my lawyee and the fee is not refuded can this be grounds for lawsuit?
1 Answer from Attorneys
Re: Attorney wrongfully withdrawing and keeping fee...
What does the fee agreement say? If the fee agreement provides for representation through trial, or other point, depending on other provisions he/she should refund a portion of the fee.