Q: Does withdrawal of an affirmation “unbind” my attorney of his promise to waive fees ?
As stated in my attorneys email, “i will ask the court to release me as your attorney and waive 100% of my bill. it is in your best interest to find another attorney”
I found an attorney. Now he is holding my file ransom saying:
“ My research this weekend shows that my willingness to waive the fees--but then withdrawing the affirmation--does not bind me to waiving all of it. “
A: I think the first email controls, as you relied on it in getting another attorney. Holding a file for fees is called a charging lien. There are rules governing this.
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