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Attorney & Mediator
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can my divorce lawyer quit my case for no reason and ...

Resolved Question:

can my divorce lawyer quit my case for no reason and keep my $4000 retainer, with no date scheduked for hearing
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 8 years ago.
In Delaware the rules of professional responsibility regulate the when an attorney can withdraw from the case. So long as your case is not being jeopardized the attorney can withdraw form your case and give you plenty of opportunity to retain another attorney. The attorney cannot leave you hanging or they can be subjection to discipline for violating the rules of professional responsibility. See page 80 here. Otherwise if there are no violations of the rules then the attorney can withdraw for any reason. If this hearing is a necessary hearing to set immediately then the attorney should be responsible for this. If there is no urgency for this hearing, then the attorney is not responsible.

Once the relationship has terminated, the client is entitled to a refund of all funds that have not been used in the representation. The attorney must provide you with a final accounting to obtain his last payment and must refund what was not used. Any disputes as to the fees charged can be handled by filing with the state bar for a fee dispute.

Finally the attorney must deliver a copy of your file minus any of his work product (his hand written notes or notes for preparing the case).

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