Legal Question in Family Law in New York
Paid in Full
Can atty withhold filing divoce papers if bill not paid in full?
Asked on 5/03/06, 3:59 pm
2 Answers from Attorneys
Phroska L. McAlister
PHROSKA LEAKE McALISTER
Re: Paid in Full
If your Attorney Retainer Agreement requires full payment of the the attorney's outstanding bills, before continuing to work for you, you should make the payment, explain why not; or retain another attorney.
However, please note the outgoing attorney may still be entitled to impose a "retaining lien" on your file. Which may only be released upon your agreement before the Court, that you will make payment, to the attorney, as required.
Good luck,
Answered on 5/03/06, 7:51 pm
Andrew Nitzberg
Andrew Nitzberg & Associates
Re: Paid in Full
Generally 'no', he/she cannot.
The exception would be initial papers (summons and complaint).
Answered on 5/03/06, 4:04 pm