Why Would An Attorney Withdraw From A Divorce Case?
If you have a lawyer in your divorce case, you may be wondering: why would I need to pay him or her? Or, perhaps you don’t even need to pay the attorney. In these cases, bringing the issue to light may be the best way to repair your relationship. In other cases, you may be wondering, “What if I don’t pay him or her?” Or, perhaps you’re not paying for the services, or your retainer is depleted. In either situation, you’ll need to come to a decision.
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Non-payment for services
The most common reason why an attorney would withdraw from a case is when the client does not pay the attorney’s fees. This usually happens because the client cannot afford the fee or is unhappy with the lawyer’s services. It’s never fair for an attorney to work without being compensated. In some cases, an attorney’s withdrawal from a divorce case can be excused if the client makes a replacement appointment before the attorney withdraws from the case.
Withdrawal is often the only way a lawyer can leave a divorce case without causing damage. To withdraw from a case, the lawyer must give the client sufficient notice, including a copy of the divorce file. Additionally, the lawyer must obtain court approval before withdrawing, which will result in a hearing. If the client is not present, the lawyer must seek a court order.
Your divorce lawyer may have asked you for a retainer, which is a lump sum of money that you will pay the lawyer before the case begins. This money is used to cover the fees due to the firm during the divorce case. The retainer is replenishable if necessary. Some firms will ask for a credit card on file when you hire them, while others will refund the retainer after all expenses have been billed.
A retainer is not intended to cover the entire cost of the case; instead, it is a prepayment that enables both the client and attorney to establish a trusting relationship. The client funds the retainer to demonstrate that he or she trusts the attorney enough to continue the arrangement after the retainer is exhausted. The retainer will be returned if the case is successfully settled or if the attorney feels that he or she has provided valuable services during the initial meeting.