Legal Question in Legal Malpractice in New Jersey

Attorney Withholding Funds Awarded in JOD because of dispute over attorney fees

Does an attorney have the right to withhold funds awarded to a litigant they represented when there is a dispute between the attorney and their client over the amount of attorneys fees. This attorney has placed the funds in their trust account and has refused to release the funds even though the client specifically requested the moneys they were awarded in a JOD be given over the the client.


Asked on 9/04/05, 12:08 am

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Attorney Withholding Funds Awarded in JOD because of dispute over attorney f

Any question like this really should be directed to the Office of Attorney Ethics, State Board of Bar Examiners. Withholding money belonging to a client without justification is clearly a violation of Ethics rules. However, the question is whether it is wrongful. I suggest that you address that with the proper authorities.

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Answered on 9/06/05, 10:27 am


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