Divorce Atty refuses to leave my case.. charges after filing ch7

[amber78]

I recently went through a divorce and have HUGE amts of atty fees.  After the divorce I filed for CH 7 and the divorce lawyer was included in the BK filing.  My ex husband is being awful as usual and contesting some items in the Settlement Agreement.  My attorney wants to keep fighting.  I told him that I want to go Pro See and I want him to withdraw his services. He responded to my email saying that he would send over the with draw. paperwork… well he never did.  A week later and he just sent me an email which clearly indicates he is working on my case.  I again emailed him letting him know I want to withdraw his services.

Ok.. so here is my question.. The fees he charged BEFORE I filed are included… but what about the fees he is charging me AFTER I filed, but before discharge??

Although he is not “officially” off my case, I do have the emails requesting he be removed and his response back.

[gdale6]

Send him a written letter via US Mail CMRR firing him from your case. Any fees charged from date of filing up to the time you notified him via email (keep copies of the emails) you most likely will have to pay for but anything else is on his head, I would inform your BK trustee what he is up to as well.

Adding: I would also send written notification to the court who is overseeing the case indicating you have fired your attorney and all further communications should be addressed to you as you are proceeding pro se.

[pizzadude]

+1 to gdale's advice above.   Also you should check the agreement / contract which you signed with him ~ it may be relevant also.

[starry1]

Hate to tell you this, but it is slightly more complicated than that.  The attorney is actually obligated by law and ethics to continue working on your case until a judge ORDERS he can withdraw.  

Now, if he didn't file the Withdrawal within a few days of your requesting that he do so, then you may or may not be on the hook, that would be a whole separate case to fight.  If he did file the Withdrawal and the court just hasn't ruled on it yet, then you are 100% on the hook.  

[ezdriver]

I recommend that you contact the pro bono department of your local law bar association and request a consultation meeting. The person running that department is almost always an attorney. Your issues are too serious to rely on legal/procedural advice on this forum. All the best to you.