Legal Question in Legal Malpractice in California
I am involved in litigation that has been going on for several years and my lawyer is asking for me to pay a large advance payment for next one to two months of work or else he will stop working on my case. Is he allowed to do this?
3 Answers from Attorneys
Your written retainer agreement governs how your legal fees are structured. Once the money on deposit has been exhausted -- especially when a major part of the litigation is upcoming -- attorneys will want sufficient funds on deposit to cover their costs and fees. So, check the retainer agreement to see if this is discussed. In any case, if you have any doubts, ask to meet with the attorney to discuss this issue.
In addition to the above answer, it also depends how close you are to trial. Your attorney cannot abandon you just before trial. But he is entitled to be paid and your retainer outlines how he is to be paid.
If the retainer agreement doesn't provide for whatever payment(s)
he is requesting, he is overreaching.