Legal Question in Family Law in New York
attorney firing client
hi. i have paid my attorney about half of what i owe (i've paid $18,000 of $30,000 billed in last 4 months). attorney has fired me (with a phone call only) because i am not more current. is this allowed? i had no idea this would happen. i got into a very crazy situation and went to court unrepresented. help!
2 Answers from Attorneys
Re: attorney firing client
The circumstances under which this can happen are quite limited. Your retainer agreement, which should be in writing, will control what happens when you are behind in your payments to the attorney.
There are further limitations that come into play if you are involved in litigation...and you should never go to court unrepresented.
If you need immediate assistance, and if I can be of service - something I can't tell because you haven't said what type of case is involved - please feel free to get in touch.
Re: attorney firing client
Yes. Of course, it depends in part upon the contract or retainer agreement. Most require payment of the bill in full withing 30 days of billing. Failure to timely pay a legimate bill is a breach of contract, giving rise to the right to terminate the contract.
Of course, there are certain types of litigation which require the attorney to apply for and obtain leave of court before ending his representation of the client.