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Considerations When Withdrawing As Counsel For Nonpayment Of Fees – Above the Law

Some
lawyers
are
lucky
and
rarely,
if
ever,
need
to
deal
with
clients
who
do
not
pay
their
bills.
However,
the
vast
amount
of
attorneys
will
invariably
face
a
client
that
has
not
paid
their
bills
and
seems
unlikely
to
do
so
in
the
future. If
the
matter
a
lawyer
is
handling
for
the
client
involves
litigation,
the
attorney
may
need
to
ask
the
court
permission
to
withdraw
as
counsel,
which
can
be
a
time-consuming
process.
There
are
a
few
things
lawyers
should
keep
in
mind
when
deciding
if
they
should
withdraw
as
counsel
for
nonpayment.

I
know
some
lawyers
who
withdraw
as
counsel
shortly
after
a
missed
payment
deadline.
However,
it
might
be
worthwhile
to
wait
a
little
before
doing
so.
Clients
have
an
unusual
ability
to
pay
in
full
even
after
months
of
nonpayment
have
passed.
I
have
seen
clients
pay
substantial
bills
close
to
a
year
after
invoices
were
first
generated.
Withdrawing
as
counsel
might
ruin
an
attorney-client
relationship,
so
it
might
be
important
to
extend
the
client
a
little
good
faith.

Moreover,
a
court
might
not
appreciate
that
a
lawyer
wants
to
cut
ties
with
a
client
shortly
after
a
missed
payment
deadline.
Generally,
the
more
time
that
has
passed,
and
the
more
ignored
payment
notices
a
lawyer
can
show
were
served,
the
more
likely
a
court
will
be
to
permit
counsel
to
withdraw.
Moreover,
withdrawing
might
involve
work
and
expenses
that
can
be
avoided
if
the
client
eventually
pays
those
invoices.

Another
important
factor
in
the
decision
to
withdraw
is
the
stage
of
the
litigation.
Lawyers
generally
should
not
wait
until
a
case
is
trial-ready
to
withdraw
from
a
matter.
This
is
because
courts
might
find
that
clients
and
other
stakeholders
may
be
prejudiced
by
a
withdrawal
of
counsel
too
late
in
a
case. If
a
trial
date
is
approaching,
this
might
militate
in
favor
of
asking
for
permission
to
withdraw
earlier
rather
than
later
in
order
to
maximize
the
chance
withdrawal
will
be
approved
by
the
court.

It
also
pays
to
make
friends
with
counsel
for
other
parties
to
a
case
when
asking
permission
to
withdraw.
Clients
rarely
oppose
motions
to
withdraw
as
counsel,
but
I
have
seen
other
lawyers
to
a
case
file
opposition
to
the
withdrawal
of
counsel.
Sometimes
lawyers
do
not
want
a
case
stayed
to
allow
a
party
to
obtain
new
counsel,
and
other
times,
lawyers
think
their
clients’
interests
would
be
best
served
if
a
party
is
represented
by
counsel
who
has
been
handling
the
matter.
However,
I
have
seen
firsthand
lawyers
not
opposing
withdrawal
motions
out
of
professional
courtesy
when
counsel
liked
each
other,
so
this
is
another
reason
to
maintain
solid
professional
relationships.

It
is
also
important
to
keep
clients
apprised
of
the
process
that
will
be
undertaken
to
permit
counsel
to
withdraw.
Often,
courts
require
lawyers
to
serve
clients
with
orders
and
motion
papers
related
to
the
request
to
be
relieved
as
counsel,
and
this
can
be
confusing
to
a
client.
Indeed,
I
had
one
client
who
thought
he
was
being
sued
since
papers
related
to
the
motion
to
withdraw
were
served
at
his
home. 
Communication
with
clients
can
help
make
service
of
the
necessary
documents
easier
and
preserve
some
goodwill
the
client
may
have
for
their
counsel.

All
told,
it
usually
makes
sense
to
give
a
client
at
least
a
few
months
to
make
payments
before
asking
the
court
to
withdraw
as
counsel
for
nonpayment.
However,
the
state
of
the
litigation
may
dictate
when
a
lawyer
files
a
motion
to
withdraw.




Jordan
Rothman
is
a
partner
of 
The
Rothman
Law
Firm
,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of 
Student
Debt
Diaries
,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at 
jordan@rothman.law.