Legal Question in Family Law in Connecticut
I'm getting divorced and my lawyer just dropped me
I filed for divorce last year, my lawyer
and I agreed on a fee which was paid.
The case has since become more
complicated because of my soon to
be ex-husband and I had advised my
lawyer on multiple occasions that I
would not be able to pay exhorbitant
lawyer fees, and he assured me that
we would work somthing out. We
went to court last tuesday and the
ruling was not in my favor so the
case will most likely go to trial, there
will be one more session to try to
make a deal. Today (Friday) I
recieved a letter from my lawyer
along with court papers stating that
he was requesting he be taken off
my case. There was no explanation
as to why. My question is can he do
that and what do I do now? I don't
have the money to retain another
lawyer and there are still court
appearances coming up.
1 Answer from Attorneys
Re: I'm getting divorced and my lawyer just dropped me
Yes he can request to withdraw from your case.
Lawyers, like any other profession, are not necessarily required to provide services and represent you, if they do not want to continue the representation.
Also, just like a plumber, contractor, or doctor, who requires payment for his/her services, so do lawyers.
Many times a case may take a turn for the worse, or become "complicated" like yours. If so, the lawyer can not be expected to continue the representation if you can not come up with the additional money to keep him/her on board.
However, let me say this as well. Many times lawyers request withdrawal from a case for reasons other than money. This also is reasonable. Sometimes the attorney-client relationship breaks down, or the attorney is uncomfortable with the demands of the client. There are plenty of reasons.
Furthermore, there are times when a lawyer is required to request withdrawal from the representation because to continue so, for various reasons, is a violation of the ethics code.
It's also worth noting, that lawyers, like any other profession, can change their mind about the representation, whether it be a money issue, or an issue regarding the attorney-client relationship.
It wouldn't be reasonable or fair, to expect lawyers to be treated differently than most other professions. They should be paid for their work and they should be able to represent their client vigorously without any issues regarding the representation.Let's face it, we all want to be sure that the lawyer we hire "wants" to represent us. We don't want a lawyer who doesn't.
However, because of the special nature of the attorney-client relationship, there are certain rules that must be followed before a lawyer can withdraw. These rules must be followed so that the client is protected, unlike many other professions.
Once a case is in litigation, a lawyer can not "just quit" without the court's permission. The exception to this rule is if the client retains another attorney to take over the representation. There are times when a judge will not permit the lawyer from withdrawing. Although this is not the norm, certain circumstances may require the lawyer to continue the representation, despite his/her desire to withdraw.
Finally, read the "papers" your lawyer sent you regarding his request to withdraw. They tell you your rights and responsibilities and explain that you do have the right to appear in court and object to his withdrawal.
Lastly, you may need to borrow money to retain a new attorney. This is especially important if your case has become complicated.