Legal Question in Family Law in Michigan
Can attorney refuse services to a slow paying client
Is it legal or ethical for an attorney to refuse any further services to a client who is slow in paying existing fees. I had been paying $100.00 per month on my existing balance, but missed two months because of some medical bills (I don't have insurance)and have started payment again. My attorney is threatening to no longer represent me in my quest for more parenting time with my daughter if I don't pay him at a faster rate. My current balance is $800.00 (the balance is five months old). I have already paid him over $3,000.00 for services rendered over the last two and a half years. My payment was slow, but he got his money.
3 Answers from Attorneys
Re: Can attorney refuse services to a slow paying client
There is a real easy way to handle this. Take that letter and file a grievance with the Attorney Grievance Commission. Then get a new lawyer because your relationship with that lawyer, of course, will be irretrievably broken. An attorney cannot handle a case with a different quality of care because the client is a slow pay. When the client is paying slowly, and the attorney no longer wants to represent the client, he must go before the judge to ask permission to withdraw. An attorney who would write such a stupid letter isn't too sharp anyway so you haven't lost that much. William S. Stern
Can attorney refuse services to a slow paying client
An attorney can withdraw from representing you. The attorney is sort of like you. No pay, no work. However, the attorney must go through the time and expense of obtaining a court order to end his representation of you.
Re: Can attorney refuse services to a slow paying client
Not only can the attorney refuse further services, but he or she can sue you for the balance. If there is an ongoing case with future court dates and filings required, your attorney must file a motion to withdraw before declining to provide further services.
I disagree with Mr. Stern's response because I do not believe that a grievance is appropriate in this situation. The attorney has every right to demand payment and, in fact, most attorneys will not provide services unless they are paid for in advance.