Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Thank you for your question. Please permit me to assist you with your concerns.To answer your question directly, if you are at the point where you are being heard in court (you are at the trial part of your suit), the attorney cannot directly stop representing you such such a failure may adversely affect your case and make potentially open the attorney for malpractice. But if a judge allows him to withdraw, then he can wholly cease his presentation of you. The best option for you is to stress that his removal would adversely and potentially fatally affect your case, you have no time or ability to retain other counsel, and you can create a payment plan with the attorney as a means of ensuring compensation for his assistance. In terms of being in the 'wrong', you do owe your attorney compensation for the work that he is doing on your behalf, and you cannot simply not pay him. If you do not pay him most professionals can simply quit helping you, it is just that attorneys are limited based on the apparent need to the case of their client. Having said that, the attorney can legitimate refuse to perform additional services if those services do not affect the underlying case. In a case of a default judgment petition, it likely shows that you are not yet at the trial phase of the case, and consequently the attorney can refuse to respond until he is compensated.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).