Legal Question in Criminal Law in Michigan

Pre Trail Question

My son has a pre-trail scheduled for tomorrow AM. He hired an attorney and have paid him $1,300 to date. His original price was $2,500. His office called this morning and stated that if he did not have a check for an additional $2,000 he would not be there tomorrow. Can he do that?


Asked on 4/24/07, 12:46 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Pre Trail Question

No, not if he has already made an appearance in the court for your son.

If he has not made an appearance, your son should ask for an adjournment to get another attorney or finish paying the one he has.

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Answered on 4/24/07, 6:05 pm
Regina Mullen Legal Data Services, PLC

Re: Pre Trail Question

I agree: the attorney should appear. If he doesn't, ask for the adjournment and put on the record what you paid and how much is due back you because he decided not to represent you. Ask the judge for time to find someone else, but don't expect the moon.

But, note that you've only paid 1/2 and what the attorney may be saying is that he doesn't trust you to come up with the other half, so if you want his help, you have to pay in advance.

Unless he agreed in writing otherwise, he's not obligated to do it until you have paid his fee in full,--UNLESS he makes an appearance, and most attorneys know that, which is why he'd rather not appear, than get stuck with a case where the client doesn't pay his fee.

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Answered on 4/24/07, 9:15 pm


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