Legal Question in Environmental Law in Massachusetts
Legal rights with you lawyer
Ocer 4 years I have paid Mass law firm $150k and lawys on time; Things are tight now so I pay them $3k per month now. I still owe them $20k. Oral arguments are coming up in trial and lawyer said that unless balance is paid off in full he will not hear my oral argument. I am dumbfounded. Can he threaten me like that? What legal rights do I have. There is no mention of this situation in the fee agreement. Please tell me my legal rights here. What can I do? If I fire the lawyer does he have to turn over all the documents and my case file, even if he has not been 100% paid?
1 Answer from Attorneys
Re: Legal rights with you lawyer
An attorney may withdraw from a case for non-payment, but has an obligation under the Canons of Ethics to continue to represent you properly until such time he is granted permission by the Court to withdraw.
Your attorneys do have the right to place what is called a lien on the file, but cannot refuse to trun over documents to a new attorney, if you retain one.
I would suggest you sit down with your attorney and see if you can come to an accommodation with him or her. If not, I would contact the Massachusetts Bar Association for assistance in the matter. I would assume you signed an engagement letter and as such it may provide for arbitration of disputes with the Massachusetts Bar Association. If that is the case you might start with them for assistance in resolving the matter.