The economy is getting worse by the day, but you don’t need us to tell you that. Your growing list of receivables tells you more than enough. Your good payers are becoming slow payers, your slow payers are becoming no payers. What’s a lawyer to do?
First, can you withdraw from a representation where the client fails to make payment for services rendered? According to Pennsylvania Rule of Professional Conduct 1.16(b), a petition to withdraw can apply when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled”; where “the representation will result in an unreasonable financial burden on the lawyer”; or where “other good cause for withdrawal exists.” One caveat though: If the court denies your petition to withdraw, under Pa. R.P.C. 1.16(c) you are required to continue the representation despite the lack of payment.
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