Q: How do i dismiss counsel?
The lawyer my brother hired to defend his dwi (3rd or more)is demanding an additional $3500 before he will do anything. he accepted the case after he paid $5500 almost a year ago.
A: You do not dismiss counsel or otherwise have any rights because your brother is the person with a relationship with the attorney. Prior to taking drastic steps, he should attempt to discuss the matter with his attorney. There may be some understandable and acceptable reason for the situation. Hopefully, there will be a contract and justification for the demand for more money. If there is no acceptable resolution, your brother may simply fire his attorney. Your brother has the right to his file, regardless of whether he fires or keeps the attorney. Whether the funds already paid were earned is another matter which depend on a close review of the facts; the attorney may have already earned the money already paid. In my experience, most attorneys have good reason for doing what you describe; I cannot say so in this case because I simply don't have enough information.
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