Do I need to file a Motion to Withdraw from counsel if no documents were filed?

Full question:

Do I need to file a Motion to Withdraw from counsel if the attorney that I retained has not yet filed any documents in the court, and would my unused portion of the retainer then be reimbursed to me?

Answer:

If your attorney hasn't filed any documents with the court, you likely don't need to file a motion to withdraw. You can terminate your attorney-client relationship at any time and for any reason by simply sending a letter to your lawyer stating that you are discharging them.

Once your attorney receives your letter, you are free to consult with another lawyer about taking over your case. If your attorney has been working on an hourly basis, they can charge you for the time spent on your case up to the date of discharge. They may also charge for time spent on the transition to a new attorney.

If your attorney was hired for a flat fee, they may be entitled to payment for the work completed before your discharge, depending on how much of that work will need to be redone by the new lawyer.

In contingent fee cases, the fees owed to the discharged attorney can depend on whether the discharge was for cause or without cause. If discharged for cause, the attorney may not be entitled to any fees. If discharged without cause, the attorney may receive compensation based on quantum meruit, meaning they get paid for the value of the services rendered, typically at an hourly rate, but only if the case is successful.

It's important to clarify with your new lawyer whether any fees owed to the old lawyer will come from their contingent fee or be in addition to it. Keep in mind that the obligation to pay attorney fees is different from responsibility for out-of-pocket expenses, which is governed by state bar ethical rules.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

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