Can My Lawyer Drop My Case If I Don’t Pay?

TL;DR Summary for Can My Lawyer Drop My Case If I Don’t Pay?

• Non-payment consequences: If you stop paying your divorce lawyer, they can legally drop your case.
• Reasons for dropping a client: Lawyers have bills to pay and cannot continue working without compensation.
• Legal process for withdrawal: Lawyers must notify you in advance, provide your case file, and seek court approval to withdraw.
• How to avoid this situation:
  • Pay your lawyer on time and in full each month.
  • If you can’t afford the full payment, contact your lawyer to discuss options like payment plans or discounts.
• If unhappy with your lawyer’s services:
  • Seek a new lawyer if you’re dissatisfied, but you’re still obligated to pay for services rendered.
  • Your current lawyer may pursue a judgment for unpaid fees.
• Key takeaway: Communicate openly about payment issues or dissatisfaction to avoid the lawyer dropping your case.

A frequently asked question is a client who is in the middle of a divorce and has stopped paying attorney’s fees and what the lawyer can do about it.. There are usually two reasons why a client stops payment to their attorney; 1. They simply don’t have the money and can’t afford to pay or 2. They are unhappy with the services provided by the lawyer. Whatever your reasons may be for not paying your divorce lawyer, ultimately the lawyer is not going to continue on the case without getting paid for their services

The lawyer can ethically and legally drop your case, if it can be done without harm or prejudice to your case. The lawyer is obligated to provide advance notice to you, provide your entire divorce file to you and seek permission of the court to withdraw from the case. You must be provided with advanced written notice of that request. The court has the final decision on whether to let the lawyer off the case or not. The lawyer also has a right to seek a judgment for any unpaid fees and costs owed as part of the request to withdraw from the case.

How can you avoid putting yourself into a situation where the lawyer is dropping your case? The obvious answer is to pay your lawyer every month, timely and in full when you receive the bill. If you have gotten to the point where you can’t keep up with bill and can no longer pay the bill in full each month, be honest and call the lawyer to discuss it; don’t just ignore the bill and quit paying, month after month.

If you aren’t paying your lawyer because you are unhappy with their services and the issue is unrelated to your ability to afford the lawyer, ask for a meeting with the lawyer to discuss your concerns. Another option is for you to seek substitute counsel and find an attorney that you have better trust and confidence in. You still are obligated to pay the lawyer for their services, whether you are unhappy with them or not, and again, pursuant to Wisconsin law, the attorney is entitled to a judgment for fees as part of the substitution, to avoid having to start a lawsuit down the road for the collection of what you may owe. So, the answer to the blog question at the top of the page is yes; your lawyer can legally and ethically dismiss you as a client, if the lawyer can do so without harm to your case and only with the permission of the trial court, upon prior advance written notice to you.

We are here to answer your questions on lawyer ethics and attorney professionalism. Contact Karp & Iancu, S.C. for a confidential consultation.