Fee dispute resolution

North Carolina Divorce Law Divorce and Separation Answers
1

My divorce settlement is over and I have not paid my attorney the remainder of her fee because I believe that she did not earn it. She now wants to move to withdraw as counsel for the reason that I did not meet my contractual obligation. My belief is that she is the one who did not meet her contractual obligation. I am leaning toward petitioning the NC State Bar for resolution of a disputed fee. So, 3 questions:

  1. Can she withdraw as counsel if there is fee resolution in process? Or, if the fee resolution process with the NC State Bar is not yet in process but will be soon?

  2. Can she do anything to hurt my credit if the fee dispute is not resolved?

  3. Can she take me to court if the fee dispute is not resolved?

2

Your attorney can file a motion to withdraw with the court, and she will likely be released as counsel of record at the hearing. This can be done regardless of any on going fee dispute with the bar.
Depending on your fee agreement the attorney may try and send her bill to a collections agency, but I cannot say what, if anything she will do (or what the contract allows without seeing it). Yes, she can take you to court to collect a fee.