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,

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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).

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Answered on 5/03/06, 4:04 pm


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