What happens if you can't afford your attorney fees?

David Siegel: Okay. Let’s move on to Darren in Lamont. Darren is a seasonal worker. He is hurt by the current economic situation; so he’s not making as much as he used to. He can’t find a higher full time job, which is why he’s stuck in this seasonal job. He wants to continue in his current divorce case. He does have a lawyer right now, but he’s not making his ends meet, and he’s not able to really pay his attorney’s fee. So the attorney is threatening to withdraw, because he can’t pay the attorney’s fee. He wants to know what he can do in this situation to try and convince that attorney to stay on the case.

Interviewer: Dave, let me give you my experience here. If you can’t pay a balance of – I’m just going to pick a number out of the air, of $500 and you continue on with the divorce, and it’s going up to $1000 or $2000 or $3000 then it’s not going to happen. More than likely what’s going to happen, and my experience has been, that after you do the work and the dance is done people don’t want to pay you anymore because you’ve already done the work. A judge, and he’s deceased is Judge Gerald Bender from Cook County. I went to school with his – I think we both did with his son Mike Bender who was a judge and now in private practice told me one time that if you don’t get paid you’re doing your family a disservice, which is true. People go to work, they expect to get their paycheck, and it is really no difference for an attorney. Now, some attorney might – some attorneys might extend you a little bit more credit, and some won’t, but there comes a point which is too far beyond any kind of recompense. It’s not going to happen. So now I’m working for nothing, that wasn’t our deal. If I agree to do something for nothing, and I agree to represent you without getting paid that’s one thing. However, I still have the option of withdrawing. But if I didn’t do that and we made an agreement and you’re not living up to your end of the agreement it’s sad to say it’s fair enough.

David Siegel: What’s the process that Darren should be looking for here in terms of the attorney withdrawing?

Interviewer: The attorney will file a motion for leave to withdraw as his attorney, and it will be motioned up, and it has to be served either personally or by certified mail. There’ll be a hearing date and then the judge…

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Видео What happens if you can't afford your attorney fees? канала David M Siegel & Associates