Legal Question in Family Law in California

In the state of California, is it legal for my attorney to withhold filing divorce papers? I have paid him $5000 but still owe money. The house that will have to be sold has plenty of equity in it. He says he would rather work on cases of people who pay him. The paperwork states that my husband is to pay attorney fees. What can I do about this, I would like to move forward with my life.


Asked on 1/13/15, 9:15 am

1 Answer from Attorneys

It is legal up to a point. Lawyers cannot and have no obligation to work without being paid. As long as the lawyer is acting competently and not jeopardizing your legal rights or the ultimate outcome of the case, they can delay working on it until you pay them. Unless the "paperwork" is a court order or judgement, it is nothing but a request that your husband pay the fees. Until that is turned into an order or judgment it is up to you to pay. Many family law attorneys will accept a lien on the couple's real estate rather than expecting full payment as work is done, but again they have no obligation to do so. Ultimately, however, your attorney must either do the work and seek payment later, or withdraw from representing you or he will face problems with the State Bar. It won't do you much good, however, if he just withdraws, which he has a right to do if not paid.

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Answered on 1/13/15, 10:19 am


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