Attorney said they will no longer represent me. What to do ?

What is the name of your state (only U.S. law)? CA

I have been out of my job for a week now. I have informed my attorney to go into a stipulation with my stbx's attorney to stop/defer spousal support payments.

Today, they informed me via email that, since I am no longer able to pay their bills, they will not represent me. And I have Dec 14th court date.

What is the legal procedure to follow, getting a long extension to the divorce case, until I find a job and afford another attorney ? The finances between the two of us are quite complicated and I do not want to go into it alone, blindfolded.

Thanks

Your best bet would be to come up with the money to pay your attorney. It would almost certainly take more money and time to get a new attorney up to speed.

From the California Rules of Professional Conduct:

Rule 3-700. Termination of Employment.

(A) In General.

(1) If permission for termination of employment is required by the rules of a tribunal, a member shall not withdraw from employment in a proceeding before that tribunal without its permission.

(2) A member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.

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Did you tell them that you were unable to pay their fees?

Since there is already a proceeding before the tribunal (12/14 hearing), they need the court's permission to withdraw.

Did they really write that "since you are no longer able to pay their bills, they will not represent you"?

I suggest you write back and let them know that you feel they failed to take reasonable steps to avoid reasonable foreseeable prejudice to the client, and that if you find yourself unable to obtain counsel prior to the scheduled hearing, you will take further action.

edd11 said:

What is the name of your state (only U.S. law)? CA

I have been out of my job for a week now. I have informed my attorney to go into a stipulation with my stbx's attorney to stop/defer spousal support payments.

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Do you actually think that your stbx's attorney would agree to a stipulation to stop/defer spousal support? If you do, you are living in fantasyland. I honestly don't mean that as a bash, its simply that its not something that the other party would have any motivation to agree to.

Today, they informed me via email that, since I am no longer able to pay their bills, they will not represent me. And I have Dec 14th court date.

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Not surprising considering that you asked them to get the other party and the other party's attorney to agree to a stipulation in a situation where there is virtually no chance that they would agree.

What is the legal procedure to follow, getting a long extension to the divorce case, until I find a job and afford another attorney ? The finances between the two of us are quite complicated and I do not want to go into it alone, blindfolded.

Thanks

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If you don't want to go into it alone, then you need to find a way to pay your attorney whatever is needed to get you through the hearing...and you had best be prepared to pay your spousal support as well.

Another post indicated that your attorney could possibly be forced to represent you, however you really need an attorney who is enthusiastic for your cause, not one that the judge is forcing to represent you.

LdiJ said:

Do you actually think that your stbx's attorney would agree to a stipulation to stop/defer spousal support? If you do, you are living in fantasyland. I honestly don't mean that as a bash, its simply that its not something that the other party would have any motivation to agree to.

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That is simply not true.

There are a LOT of people who are willing to give their ex a break when financial hardship hits. While not everyone would do it (and maybe not even a majority), a blanket statement that it's a fantasy to think that someone would do it is just plain wrong. It's especially plausible since deferring the support was one of the options he suggested rather than simply saying that there should be no support.

Stevef said:

Did you tell them that you were unable to pay their fees?

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No I did not but I told them I am out of a regular paycheck until I land my new gig. So, adding 2 and 2 together should not have been hard for them.

Stevef said:

Since there is already a proceeding before the tribunal (12/14 hearing), they need the court's permission to withdraw.

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I have not seen the actual paperwork yet. It was sent Friday. It was not in today's mail.

Stevef said:

Did they really write that "since you are no longer able to pay their bills, they will not represent you"?

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Not explicitly in those words, in their email.

Stevef said:

I suggest you write back and let them know that you feel they failed to take reasonable steps to avoid reasonable foreseeable prejudice to the client, and that if you find yourself unable to obtain counsel prior to the scheduled hearing, you will take further action.

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Well, there is a saying in my native language, which is not English, which can be roughly translated as "you can not go hunting with an unwilling/restrained hound". So, I am taking your legal statement as absolutely correct, but what good it will do to me if what they will do from this point on is to fatten their bills instead of helping me ? So far, their performance was less than stellar (yet better than nothing). All I got was a bunch of papers sent to me to fill them out without any proper explanation, even though I told them I have never been through a divorce and will need a little hand holding, while filing paperwork. Due to lack of communication, (by the way it was blamed on me) I missed the last court date about 4 weeks ago. So, retaining these people will not benefit me I am afraid.

mistoffolees said:

Your best bet would be to come up with the money to pay your attorney. It would almost certainly take more money and time to get a new attorney up to speed.

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I wish it were so easy. I believe they nickeled and dimed me so far. I have paid north of 11k and then owe them some I am sure where as my stbx told me her bill was about 8k so far in this same case. I am still willing to go with them but since I am in the survival mode with nothing but about 7K in the bank and looking at $1800/mo unemployment (if approved) until I found a new job. So, paying the attorney fees will not be on top of my priorities. And I am sure they expect it to be so. It is sort of a stalemate and attorney has the upper hand.

LdiJ said:

Do you actually think that your stbx's attorney would agree to a stipulation to stop/defer spousal support? If you do, you are living in fantasyland. I honestly don't mean that as a bash, its simply that its not something that the other party would have any motivation to agree to.

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Well, I went to the courthouse and picked up a form and will file it tomorrow. If I have no income, are they able to garnish my unemployment benefits for this ?

LdiJ said:

If you don't want to go into it alone, then you need to find a way to pay your attorney whatever is needed to get you through the hearing...and you had best be prepared to pay your spousal support as well.

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We shall see this. I am still waiting for the real, dead tree, version of the papers to see what they put down as reason they want to fire me.

LdiJ said:

Another post indicated that your attorney could possibly be forced to represent you, however you really need an attorney who is enthusiastic for your cause, not one that the judge is forcing to represent you.

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I am really not keen on this. Once the trust is lost, it is very hard to put it back in place. They do not want to represent me and I really can not trust them anymore even if the judge forces them to do so.

mistoffolees said:

That is simply not true.

There are a LOT of people who are willing to give their ex a break when financial hardship hits. While not everyone would do it (and maybe not even a majority), a blanket statement that it's a fantasy to think that someone would do it is just plain wrong. It's especially plausible since deferring the support was one of the options he suggested rather than simply saying that there should be no support.

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Well, on this one, she showed up at my doorstep yesterday asking for her support which was due 1st of this month. So, conflict between giving me a break vs sustaining her lifestyle will always end up in her favor for her. She is selfish. I get that. But I am selfish too. I need to take care of me before I take care of her. This is my point of view against hers. So I will file papers tomorrow and hope for the best.

edd11 said:

Well, on this one, she showed up at my doorstep yesterday asking for her support which was due 1st of this month. So, conflict between giving me a break vs sustaining her lifestyle will always end up in her favor for her. She is selfish. I get that. But I am selfish too. I need to take care of me before I take care of her. This is my point of view against hers. So I will file papers tomorrow and hope for the best.

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Expect your ex to file for contempt against you.

Whether it's fair or not is irrelevant, but your lack of funds isn't her legal problem.

edd11 said:

Well, on this one, she showed up at my doorstep yesterday asking for her support which was due 1st of this month. So, conflict between giving me a break vs sustaining her lifestyle will always end up in her favor for her. She is selfish. I get that. But I am selfish too. I need to take care of me before I take care of her. This is my point of view against hers. So I will file papers tomorrow and hope for the best.

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Actually, it's not your word against hers. If you have a valid court order and she goes to court to say you haven't paid, you'd better be able to prove that you paid - unless you want to be found in contempt which could earn you anything from a slap on the wrist to jail time.

edd11 said:

I wish it were so easy. I believe they nickeled and dimed me so far. I have paid north of 11k and then owe them some I am sure where as my stbx told me her bill was about 8k so far in this same case. I am still willing to go with them but since I am in the survival mode with nothing but about 7K in the bank and looking at $1800/mo unemployment (if approved) until I found a new job. So, paying the attorney fees will not be on top of my priorities. And I am sure they expect it to be so. It is sort of a stalemate and attorney has the upper hand.

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If you're already at $20 K and the end is nowhere in sight, then the two of you have some growing up to do. Your attorneys will continue to fight as long as you tell them to - but all you're doing is wasting money and adding stress and pain for everyone.

Proserpina said:

Expect your ex to file for contempt against you.

Whether it's fair or not is irrelevant, but your lack of funds aren't her legal problem.

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So, in the light of this comment, I should pay her even though I may not have any money to live on ? Is this how the courts work ? I thought courts were about dealing justice, not to rob Peter to pay Paul, regardless.

edd11 said:

So, in the light of this comment, I should pay her even though I may not have any money to live on ? Is this how the courts work ? I thought courts were about dealing justice, not to rob Peter to pay Paul, regardless.

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Unless you want to be found in contempt, yes.

It's a court ORDER. Not a suggestion.

mistoffolees said:

If you're already at $20 K and the end is nowhere in sight, then the two of you have some growing up to do. Your attorneys will continue to fight as long as you tell them to - but all you're doing is wasting money and adding stress and pain for everyone.

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I have suggested firing the attorneys mutually and putting everything on paper, and have it reviewed by an independent attorney for legal mumbo-jumbo being right. She refused it flat out. She will keep her attorney and suck my blood dry as much as she can. This is her modus operandi at the moment. This is why I think I need professional representation. Otherwise I will end up in real poorhouse.

Proserpina said:

Unless you want to be found in contempt, yes.

It's a court ORDER. Not a suggestion.

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Thanks, But I am hoping, the spousal support modification form I am going to file at the court tomorrow will change this.