Legal Question in Family Law in New Jersey

attorney motion to withdraw

I have a matrimonial relocation case for plenary hearing on Tuesday. I have paid my attorney $8,000.00 and he has billed me $12,000.00. We have not completed depositions, interrogatories, etc. because we were negotiating a settlement with my ex in exchange for the relocation. Unfortunately, we did not come to a settlement and are scheduled for Court on Tuesday. I just received an email from my attorney that states I must pay the balance of $4,000.00 plus a retainer of another $3,000.00 by Tuesday or he will file a motion to withdraw. My question to you - is this ethical and how should I proceed? I don't have $7,000.00 by Tuesday.


Asked on 12/13/08, 5:04 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: attorney motion to withdraw

This is a tough one as I really hate to get in the middle of an attorney-client conflict. Can an attorney ask you to pay the balance and "pad" a retainer or file a motion to get out of the case because you don't pay, yes, of course he can. Whether it is proper or not in this case is a different story. My problem is what could possibly cost $12,000? I know these cases are costly, but they should finish around $10,000 on average.

The other issue is that the attorney could have probably sat you down or called you to explain all of this.

While I'm not going to say you should switch attorneys, it can't hurt to meet with one just to get some perspective. I'm in Toms River so call me if you'd like at 732/247/3340 to discuss.

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Answered on 12/14/08, 10:07 am


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