Is an attorney allowed to back out of his own written contract?

Question

My attorney backed out of our written contract because i couldnt come up with a retainer to hire an expert quick enough. ANd the contract states that he's responsible for any fees that accure but im supposed to pay him back when given a bill. In his letters to me he keeps stating that im the one to bear the fees but in the contract it says he is the one that bears the fee until my case is over with...can he do this legaly and get away with it....

My contract states that I pay $0 in retainer. that his office pays any expensies that accure but can bill me for it afterwords.

my case is pay on a win basis, i dont win they dont get their fee's except for expensies they get along the way. and its their responsiblitiy to hire and pay them and its my responsiblity to reimbures them when asked to, they never sent me a bill.

What i have found out to day is that lawyers stick together, i have been on the phone all day with them,and they hang up on me,,no surprise though..i do understand that this is not the place to post and get real legal advice...i just want your opinion

Answer 1

Not only is this a contract question, but it is a legal ethics/professional responsibility question.

Assuming (as you say) the contract says that you owe no fees unless you win (a contingency contract), and that you do not have to pay for expert witness fees and other costs until the case is over, the answer is -- he cannot withdraw without consent of the court. And even then, he has to go to court, with notice to you, and get court permission.

What is happening is that the attorney has decided that the case will not result in a quick settlement, he will actually have to spend time on the case, and he may not win in the end. This is bad news for him, because contingency lawyers make the most money when the win fast settlements.

So ... the real question is ... what to do?

You can make a complaint to the state or county bar association. But that will just make him angrier.

Or ... you can look up the Rules of Professional Responsibility for your state. You can probably get these on line with a google search. Then, make an appointment to see the attorney.

You then go see the lawyer, with the rules. You want the rules regarding "accepting and terminating representation." Those rules allow the attorney to withdraw only if you are attempting to pursue a remedy that he finds repugnant or without any legal basis, or that YOU breached the contract.

You can fire him with without cause, but he has a legal obligation to stay on the case, with few exceptions.

This is the worst kind of lawyer, by the way. He saw a way to make a fast dollar, but now that he needs to work, he is not willing to continue under the terms of his own agreement.

Many such lawyers justify their high percentage fees by saying that they take the risk of getting nothing. But if this is how they treat the difficult client, what kind of risk are they really taking.

Good luck. The guy is doing a disservice to the profession.

Answer 2

He can't withdraw from the contract unless you fail to fulfill your obligations, or a provision of the contract specifically allows him to. You should probably have the contract reviewed by another lawyer. Even if you posted the contract, this is not the place for a legal opinion.

Answer 3

Was the retainer a condition of the contract? Sounds like it can be a way out of his contract with you. It would be very irresponsible for a lawyer to default on a contract, he could be dis-bared.

Answer 4

Then NO! I would ask him to explain it to you.
But it sounds to me that you have to pay the retainer fee before the other fee's will be picked up by him. A retainer is not to hire a expert because he is if he is a licensed atty. A retainer fee is to retain he services which is basically a deposit to hire him.

Answer 5

No, they just ignore you by not returning your calls until you give up and quit bugging them. Not all of them are that way, but too damn many!