An attorney is withdrawing from legal representation even though court settlement agreement has not been completely fulfilled. How may one send his/her attorney a letter of intent to enforce a representation contract paid in full up front? What recourse is available without hiring another attorney to sue for breach?

Attorneys may withdraw without finishing your case. If you paid a flat fee for the matter to be finished you may be able to get a partial refund. You probably didn't pay a flat fee though. You likely paid a retainer. A retainer is money set aside from which the attorney pays their firm as work is done and time and expenses are billed. In litigation matters, it is common for retainer funds to be used up before the case is done and the client then has to pay more or the attorney needs to withdraw.

Sometimes attorneys withdraw because the client cannot or will not pay for ongoing services. Sometimes they withdraw because the client expectations are unrealistic, or the client is being unreasonable or not acting in good faith. It could be because the client is abusive to staff, or personalities are at issue. There are Many possible and appropriate reasons. Also there are neutral reasons. My firm just took over some cases from a lawyer who was appointed to be a judge. One of our attorneys gave some cases to another lawyer in our firm when she became I'll with cancer. We have given up cases when. Conflicts arose. For example, we were in a big corporate cAse and hired a new attorney not reAlizing his wife was an officer of the company we were suing do we had to withdraw and also seal the new attorney from any knowledge or access to the case file. Or a case can morph into something unexpected. Like you could start out with a simple accident claim, then learn a deliberate act of cutting a brake line caused the damages - at that point it is a matter of liability for a criminal act, very different from a simple at fault accident - a different legal specialty.

If there is a balance in your retainer account it must be returned to you. Also, your file must be provided on request to your new attorney. They just pick up where the last one ended, so you don't lose anything in changing counsel. It is not a good idea to be represented by someone who doesn't wish to represent you. And you likely have zero basis to force them to stay in the case. Similarly you aren't stuck with your lawyer either. You can fire them any time and work with someone else. It happens all the time.

Attorneys may withdraw without finishing your case. ...

But it they are attorney of record in an ongoing case, they can't just stop doing the work. The attorney must get the court's permission to withdraw, after making an appropriate motion. In response to such motion, the client may object.

If the attorney is failing to dot the "i"s and cross the "t"s, the judge (or regulatory agency such as a bar association) can force the attorney to do so.

But it they are attorney of record in an ongoing case, they can't just stop doing the work. The attorney must get the court's permission to withdraw, after making an appropriate motion. In response to such motion, the client may object.

If the attorney is failing to dot the "i"s and cross the "t"s, the judge (or regulatory agency such as a bar association) can force the attorney to do so.


Yes. I should have made that clarification.

A good question is why? What is their reason?