attorney withdrawal from law suit

After paying $2,500 to an attorney to file a custody and visitation suit, the attorney now wants another $1,500, stgrongly implying that he will not appear in court or process any other motions, letters, responses, etc. I have not received a detailed bill for any work since the original $2,500 retainer fee was "allegedly" used up. After being told that there was now $1,500 owed, I delivered a $100.00 check to his office as a partial payment. I cannot afford any more this month. All actions have been filed, mediation points agreed upon, and the next court appearance is October 1, to rule on a motion and counter issues.

Q-1: Can the attorney just quit the case without any warning?

Q-2: What are my options?

You certainly have a right to see a detailed accounting of how the attorney spent the time to use up the retainer. Call his office and ask for this.

If he has used up the retainer, then he is within his rights to ask you for more money. Custody cases are very time-consuming and expensive. What you have cited in fees doesn't sound outrageous to me.

He can quit a case if he feels there has been a breakdown in the attorney-client relationship such that he can no longer represent you. However, his quitting cannot happen if it will prejudice your case (i.e. you won't have time to get someone else in line before your next hearing/court date).

In Indiana, an attorney cannot quit less than 10 days before a hearing except under extreme circumstances.

I do not know if your state has such a rule.

You, on the other hand, can fire an attorney any time your heart desires.