Resolving fee issues when your attorney withdraws
When an attorney withdraws from your bankruptcy case, fee disputes are common. Understanding your options helps protect your financial interests.
You may be owed a refund
If you paid a flat fee and the attorney withdraws before completing the work, you may be entitled to a partial refund for services not yet rendered. The amount depends on what work was completed.
Court oversight of fees
Under 11 U.S.C. Section 329, the bankruptcy court has jurisdiction over attorney fees. If your attorney disclosed fees to the court, you can ask the court to review whether fees are reasonable given that the representation was not completed.
How to raise a fee dispute
- Request a refund in writing - Send a written request to the attorney detailing what you paid and what work was not completed
- File a motion with the court - You can ask the bankruptcy court to review fees under Section 329(b)
- Contact the U.S. Trustee - The U.S. Trustee monitors attorney fees and can investigate
- State bar fee arbitration - Many state bars offer fee arbitration programs to resolve disputes
11 U.S.C. Section 329(b): The court may cancel fee agreements or order return of payments to the extent they exceed the reasonable value of services actually provided.