Legal Question in Family Law in New York

I paid a lawyer 21,000.00 so far in my divorce always in advance. Now we will have to go to court for trial, he wants another 20,000.00 in advance. I am a women that my husband has cut me off to money and I no longer have any money to give this lawyer in advance. Can he just drop me and I am screwed. This case is in NY. Please help


Asked on 4/05/13, 11:41 am

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

Yes, you can be dropped, however, in order for your attorney to do so, they would have to make an application (motion) to the court to allow them to do so (unless you get another attorney first / consent).

This process, by itself, would delay your trial, and the courts are usually lenient in giving you reasonable time to find replacement counsel.

Based upon the fees paid already, and the fact that you are going to trial, I believe that you may be able to have a 'new' lawyer petition for counsel fees from your husband, but there are many factors that determine whether such relief is awarded.

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Answered on 4/05/13, 12:07 pm


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