East Northport, NY asked in Contracts for New York

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.  “

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

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.

1 user found this answer helpful

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