Can A Lawyer Refuse to Continue with the Case Until I Pay in Full?
It’s no secret that the legal system is complex. The laws governing our day-to-day lives can be difficult to understand, and when it comes to disputes or disagreements, things can get even more complicated. That’s why it’s so important to have a competent lawyer on your side, someone who understands the law and knows how to navigate the system on your behalf.
But what happens if you can’t afford to pay your lawyer? What happens if you run into financial difficulties partway through your case? Can your lawyer refuse to continue working with you unless you pay in full? The answer may surprise you.
In general, under rules of professional conduct, lawyers are not allowed to refuse to continue working on a case simply because their client fails substantially to pay. This is because, in most cases, once a lawyer agrees to take on a client, they have what’s known as a “fiduciary duty” to that client. This means that the lawyer is required to act in the best interests of their client at all times, and this includes continuing to work on the case even if the client is unable to pay.
Of course, there are some exceptions to this rule other than a client refuses to continue. Here are a few common instances in which a lawyer's withdrawal is possible without giving reasonable warnings, and they may be able to refuse to continue working on a case:
1. If the lawyer and client have not yet reached a formal agreement (known as a “retainer agreement”)
When a lawyer agrees to take on a new client, they will usually enter into a written agreement known as a “retainer agreement.” This document outlines the terms of the attorney-client relationship, including the lawyer’s legal fees for their legal lawyer's services. In most cases, a lawyer cannot refuse to continue working on a case if there is a formal, written agreement in place.
2. If the lawyer has not been paid for their previous work
If a lawyer has not been paid for the work they have already done on a case, they may be within their rights to refuse to continue working until they have received payment. This is especially true if the lawyer has already advanced funds on behalf of the client (for example, to pay for expert witnesses or other expenses).
3. If the lawyer and client have disagreements about the direction of the case
It’s not uncommon for lawyers and clients to disagree about the best way to proceed with a case. If this happens without the judge's permission, the lawyer may be within their rights to refuse to continue working on the case. Since lawyer has a fiduciary duty to their client, they must always act in the best interests of the client. If the lawyer feels that continuing to work on the case would not be in the client’s best interests, they may refuse to continue.
4. If the lawyer believes that continuing to work on the case would be unethical
There are some circumstances in which a lawyer may believe that continuing to work on a case would be unethical. For example, if the client has asked the lawyer to do something illegal or the client is engaged in continuing criminal enterprise, the lawyer may refuse to continue working on the case.
5. If the lawyer believes that continuing to work on the case would be a conflict of interest
There are some circumstances in which continuing to work on a case may create a conflict of the client's interests for the lawyer. For example, if the lawyer is also representing another party in the same case, they may have to choose between their duty to their client and their duty to the other party. In this situation, the lawyer withdraws and refuses to continue working on the case.
6. If the lawyer is no longer licensed to practice law
Your lawyer may be forced to stop working on your case if they are no longer licensed to practice law in your state. This usually happens if the lawyer has been disbarred or suspended from practicing law.
7. If the lawyer is sick or otherwise unable to continue working
There may be some circumstances in which a lawyer is unable to continue working on a case, such as if they become sick or have to take on another case that is more time-sensitive. In these situations, the lawyer may have to stop working on your case.
8. If the lawyer is not being paid
In some cases, due to the fee dispute, a lawyer may agree to work on a case without being paid upfront. This is known as a “contingency fee” arrangement. In these cases, the lawyer may be entitled to a percentage of the money awarded to the client if the case is successful. If the case is not successful, the lawyer may not be entitled to any payment.
However, in some contingency lawyer's fees arrangements, the lawyer may still be entitled to a percentage of the money awarded to the client even if the case is not successful. In these cases, the lawyer may refuse to continue working on the case if they have not been paid.
9. If the lawyer has retired or died
If a lawyer has retired, they may no longer be able to continue working and provide legal expertise on a case. In some cases, a lawyer may agree to continue working on a case even after they have retired, but this is rare.
On the other hand, if a lawyer dies, their estate may be responsible for finishing the work on the case. However, in most cases, the lawyer’s family will hire another lawyer to finish the work on the case.
Final Thoughts
If your lawyer has told you that they are no longer able to work on your case, it’s important to understand their reasons. In some cases, the lawyer may be within their rights to refuse to continue working on the case. In other cases, the lawyer may be required to stop working on the case. If you have any questions about your case, you should speak to another lawyer.
Looking for a New Lawyer?
If you need to find a new lawyer, we can help. At The Injury Firm, we take cases on a contingency legal services fees basis, which means that you won’t owe us anything unless we win your case. To learn more about how our law firm can help you, contact us today for a free consultation: 954-591-0000.
