Legal Question in Family Law in New York

Re: Can My Attorney fire ME?

If you are unhappy with your attorney, who can replace her by simply giving her notice, usually in writing. Any retainer amount that she has not earned MUST be returned to you. This is part of the ethics rules that matrimonial lawyers must live by. She is entitled only to the quantum meruit - that is - the money she earned - and must return the rest, as well as give you all important papers in your file. Trusting your attorney is important - work with her or replace her - good luck!

Re: Can My Attorney fire ME?

This is a two part question. First, can an attorney stop working for a client. Second, does a client have to pay for prior work performed.

To answer the first question, an attorney can stop working for a client after a motion is filed and granted by the court. Usually the attorney must give a reason. Non-payment of legal fees is a valid reason. You have the right to oppose the application. However, you must ask yourself, "do I really want to force representaton by an attorney that does not want me?"

Second. Assuming that the attorney gave you proper representation, and assuming that she billed you under the terms and conditions of the retainer agreement, you are responsible for her fee. In a nutshell, if she did the work she should get paid.

Mike.