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i should not have said that and he told me that after the next court date he will withdraw from the case and he will no longer represent me...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?


Asked on 12/03/04, 6:54 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

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.

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Answered on 12/04/04, 11:15 am


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