Legal Question in Family Law in Montana

Is an attorney allowed to request a $30,000 immediate payment just prior to trial, and then withdraw because the client cannot afford to pay?


Asked on 5/22/12, 10:25 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Read your service agreement thoroughly before you say or do anything else. What does it say about

-- whether the attorney charges by the hour, a flat fee for the entire case, or requires an advance payment before each phase of the case (the phases and amounts should be in some detail)

-- when the attorney can and will withdraw (such as, if you fail to pay when due)

-- when you can seek new counsel or a second opinion

Did you know you would have to something before trial? Did you know how much it would be? What does your service agreement say?

Consider calling the attorney for an appointment to discuss these issues (fee demand and continuing representation). Take a friend with you to take notes so that you can pay attention to the conversation. If you cannot reach an understanding, then the attorney should outline what the next steps are. Before you leave the meeting, you should have a Memorandum of Understanding that you and attorney sign and date. It should include what you talked about, what resolution you reached, and what the next steps are. If you're parting ways, the attorney should immediately file a motion for continuance so that you can found new counsel, and new counsel can get up to speed on the upcoming trial.

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Answered on 5/23/12, 10:08 am


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