Wednesday, October 5, 2011
Nonpayment of a Retainer Fee in a Criminal Case
The attorney you hired is required to continue legal representation in your case even though you are unable to pay the balance of the retainer fee. Attorneys are required to file a Certificate of Representation with the Court in any criminal case. Once the certificate is filed with the court, the criminal defense lawyer may only withdraw from legal representation after filing a formal motion to withdraw with the court and securing a court order allowing the withdrawal. The nonpayment of the balance of a retainer fee is not a legitimate basis for granting a motion to withdraw form legal representation in a criminal case. The law is designed to insure that people continue to have legal representation in criminal cases even when their pocket book can't afford it.