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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114099
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can an attorney currently representing us in a civil case drop

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Can an attorney currently representing us in a civil case drop us if we refuse to sign a "stipulation for entry of judgment" regarding if we fall behind in our payments to them over the next year?
We have been using this attorney since 2010 and all has been well. We owe them, and our current agreement is in tact, we are wiling to sign a new installment agreement, but are hesitant on the stipulation being signed. Can they drop us and leave us in the cold in the current civil case?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

An attorney has a right to withdraw from a case at any time for a variety of reasons, such as non-payment of fees or non-cooperation of a client. If the attorney, in their reasonable legal judgment finds that a stipulation for entry of judgment is in their client's best interests legally and the client refuses to sign (which is certainly the right of the client to refuse) then the attorney may withdraw from further representation citing the client not being willing to follow the reasonable legal advice of counsel or for not providing for payment for the attorney.

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Customer: replied 3 years ago.

I am only trying to be as clear as possible. If we enter into a new payment agreement/arrangement, can they still drop us if we don't sign the stipulation? Maybe I am the one not being clear. The stipulation would be filed against us if we do not pay our attoney per our installment agreement. It is not a case of wether the client not being willing to follow the reasonable legal advice of counsel, asking us to sign the stipulation is not "advice" in my mind.

Thanks for your help, I just ned to know if they can legally drop us.

I understand. Thank you for your response.

If you agree to a new payment plan and refuse to sign the stipulation to judgment, then the payment plan is not complete and they could still withdraw from the representation. The stipulation to judgment is an enforcement tool used on these payment plans and it is up to the attorney as to whether or not they feel the payment plan is secure enough without the stipulation.
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