Lawyer Extorting Fees

[lapatta]

What is the name of your state? NJ

I have a civil litigation case going on for the last two years and the trial is set next month.
My lawyer sent me an invoice last week were he increased his rate by $100/hr without any notice.

I called him to question the rate increase and informed him that there is no provision for it in the retainer agreement and he should honor the original rate.
Upon this, he is threating to withdraw as counsel. He is saying, if I do not agree to rate increase and put another $10k in the trust account for trial fees immediately that he will file motion to withdraw as counsel for non-payment of fees.

How can I handle this "extortion"? It is obvious that it is very difficult to change attorney at that last moment since it will be very expensive and the new attorney will be walking into the case blind for the trial.

Can the lawyer legally withdraw due to fees or invoice dispute at the last moment?
How can this be legally handled??

Appreciate comments.

-Lapatta

 

[las365]

From a different thread:

I have dealt with 5 different lawyer in past over several different matters including litigation and my firm opinion is that all lawyers are blood sucking machines. They will wring you to the last drop of your blood and you cry no more...

I feel sorry for your lawyer.

 

[JETX]

How can I handle this "extortion"?

Simple... keep ALL communication in writing. Then show up for his 'motion to remove' hearing and present your claims to the court.

Can the lawyer legally withdraw due to fees or invoice dispute at the last moment?

If the court grants his motion, yes.

 

[lapatta]

Took the lawyer to fee arbitration and got a favorable decision of 10% refund.
I had disputed 35% of fees.

In NJ the fee arbitration is held by other lawyers .... another big scam ... they cover each others rear very well

 

[Hot Topic]

And a fireman, insurance salesman, fisherman, McDonald's employee, hairdresser, guitarist, optometrist, etc., is better qualified to arbitrade lawyers fees because?

Do yourself a favor and them a favor: stay out of situations where you have to deal with a lawyer

 

[Texas Pooh]

It is not unusual for an attorney to increase his or her hourly rate for trial, and/or to require additional retainers in advance of trial. Trial work requires substantially more effort/skill.

Any trial carries the chance that you may lose; an attorney doesn't want to invest substantial amounts of time only to get stiffed because a client doesn't like the outcome of the trial.

At the motion to withdraw, you can also ask for a continutance in order to find a new lawyer.