Q: Can an attorney charge you from the retainer the process for him to be relieved as counsel?
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- California
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A:
Under California law, an attorney is generally not allowed to charge a client for the time it takes to withdraw from representation. The State Bar of California has determined that withdrawing from representation is a fundamental aspect of the attorney-client relationship, and therefore, it is considered to be included in the attorney's obligation to the client.
According to the California Rules of Professional Conduct, a lawyer is required to promptly refund any part of a fee paid in advance that has not been earned. If an attorney is withdrawing from representation before completing the agreed-upon work, any unearned fees must be returned to the client.
However, there may be some exceptions to this general rule. For example, if the attorney's withdrawal is due to the client's misconduct or failure to cooperate, the attorney may be entitled to charge for the time spent on withdrawing from the case.
It's important to discuss any concerns or questions you have about attorney fees and retainer agreements with your attorney directly. They should be able to provide you with specific information about how fees will be handled in your case.
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