Effective Date: February 22, 2026
This policy explains how payment status affects legal representation at Eren Legal PLLC.
A. General Understanding
1. Why does payment matter for legal representation?
Legal representation is a professional service.
Lawyers are allowed to require payment in order to continue working on a case.
Courts and ethics rules recognize that attorneys are not required to provide free or unpaid legal services, except where specifically required by law.
2. Is a lawyer required to keep working if a client does not pay?
No.
Immigration law, federal courts, and professional ethics rules all recognize that nonpayment of agreed legal fees is valid grounds for pausing work or withdrawing, as long as proper notice and procedures are followed.
3. Does this policy apply to all clients equally?
Yes.
This policy applies uniformly to all clients, without exception, regardless of case type, court, or stage of proceedings.
B. Pausing Legal Services (No Work While Unpaid)
4. What does it mean when legal services are "paused"?
When services are paused, the firm temporarily stops working on the case.
This pause continues until payment issues are resolved.
- No legal advice
- No case strategy
- No document preparation
- No filings
- No court or agency communication
5. Is pausing services allowed under immigration rules?
Yes.
The EOIR Practice Manual recognizes that representation depends on an active attorney-client relationship and that attorneys may limit services when ethical or contractual obligations are not met.
6. Can the firm refuse to answer case questions during nonpayment?
Yes.
There is no rule requiring an attorney to provide legal advice or updates when the client is not in compliance with the fee agreement.
7. Does the firm still represent me while services are paused?
During a pause, the firm is not actively representing you in a practical sense.
Full representation resumes only after payment is brought current and confirmed in writing.
C. Courts and Agencies Covered by This Policy
8. Which courts and agencies does this policy apply to?
This policy applies to all matters handled by the firm, including:
- Immigration Courts (EOIR)
- Board of Immigration Appeals (BIA)
- U.S. Citizenship and Immigration Services (USCIS)
- U.S. Federal District Courts
- U.S. Courts of Appeals, including the Fourth Circuit
- Any other federal, appellate, or administrative tribunal
9. Does the policy change if my case is on appeal?
No.
Appeals before the BIA or federal courts still require an active attorney-client relationship supported by payment.
D. Withdrawal from Representation
10. Can a lawyer withdraw from an immigration case for nonpayment?
Yes.
The Board of Immigration Appeals has clearly held that nonpayment of agreed legal fees is good cause for withdrawal, as long as the attorney gives notice and follows proper court procedures.
Matter of Rosales (BIA).
11. Does the firm need court permission to withdraw?
Yes, in most cases.
Withdrawal is done only through formal motions and is subject to approval by the Immigration Judge, the BIA, or the federal court handling the case.
12. Is the firm allowed to stop working before withdrawal is approved?
Yes.
Courts distinguish between pausing legal services and formal withdrawal.
An attorney may pause work for nonpayment while seeking proper withdrawal approval.
13. Does withdrawal violate my right to due process?
No, as long as notice is given and the client has an opportunity to proceed with new counsel or pro se.
Federal courts, including the Fourth Circuit, have ruled that withdrawal for nonpayment does not violate due process unless the client can show actual harm.
E. Ethics and Professional Responsibility
14. Is this policy ethical under professional rules?
Yes.
Ethics rules require attorneys to give reasonable notice, follow court rules, and avoid foreseeable harm.
They do not require attorneys to work without pay.
15. Does the firm abandon clients by withdrawing?
No.
Abandonment means leaving a case without notice or procedure.
This policy requires notice, formal motions, and compliance with all court rules, which is the opposite of abandonment.
16. Does the firm still protect the client from unfair harm?
Yes.
Even when withdrawing, the firm follows professional rules to avoid unnecessary or unfair prejudice.
F. Payment, Court Dates, and Deadlines
17. Do court dates excuse payment obligations?
No.
Court hearings, deadlines, or pending applications do not suspend payment obligations.
18. What happens if I miss a deadline because of nonpayment?
Clients are responsible for maintaining active representation.
Courts do not require attorneys to work on unpaid cases.
19. Can I ask for an extension instead of paying?
Payment arrangements must be approved in writing.
Verbal promises or assumptions are not sufficient.
G. Hiring Another Attorney
20. What happens if I hire another lawyer?
If you retain another attorney, Eren Legal PLLC will stop working on your case and may formally withdraw before the relevant court or agency.
21. Can I come back after hiring another lawyer?
Possibly, but only if all balances are paid and the firm agrees in writing to resume representation.
H. Important Final Clarifications
22. Is this policy a threat or punishment?
No.
It is a standard professional policy designed to be fair, transparent, and lawful.
23. Does this policy replace court notices or individual letters?
No.
The firm will still provide any notices required by law or court rules.
24. Who should I contact with billing questions?
You may contact the office regarding billing or payment arrangements.
Billing questions are separate from legal advice.
25. Does the firm provide free legal advice by email, text, or phone?
No.
Legal advice is provided only as part of active, paid representation.
Emails, text messages, phone calls, and messages are all considered legal services.
26. If my case is urgent, does that override payment requirements?
No.
Urgency does not remove payment obligations.
Courts and agencies do not require attorneys to work on unpaid cases, even in urgent situations.
27. Can the firm attend a hearing if my balance is unpaid?
No.
If your account is not current, the firm may pause services and will not appear in court unless representation is active and paid.
28. Does filing a motion or appeal require payment first?
Yes.
Motions, appeals, briefs, and filings require active, paid representation before work can begin.
29. What if DHS, USCIS, or the court contacts the firm directly?
If representation is paused due to nonpayment, the firm is not required to respond or take action until the account is brought current.
30. Does paying part of the balance automatically restart representation?
No.
Partial payments do not automatically restore representation unless the firm confirms reinstatement in writing.
31. Can I demand documents or drafts if I have not paid?
No.
Drafts, filings, strategy notes, or internal documents are part of paid legal services and are not provided during nonpayment.
32. What if I disagree with the bill, can I stop paying?
No.
Billing disputes do not suspend payment obligations.
You may raise billing questions separately, but representation depends on current payment status.
33. Does the firm continue monitoring my case during nonpayment?
No.
Case monitoring, deadline tracking, and follow-ups are legal services and are paused if the account is not current.
34. Can the firm withdraw at the BIA or federal court stage?
Yes.
The same payment and representation rules apply at all stages, including:
- BIA appeals
- Federal district court cases
- U.S. Courts of Appeals (including the Fourth Circuit)
- Withdrawal is done only through proper legal procedures.
35. Does the firm guarantee results if fees are paid?
No.
Payment ensures legal work and representation, not a guaranteed outcome.
No attorney can promise results.
36. Can the firm refuse to take new action until payment is made?
Yes.
The firm may decline to file motions, respond to requests, or take new steps until the account is current.
37. What if I stop responding to the firm but later ask for help?
If you stopped communication and did not pay, representation may have been paused.
Work will resume only after payment and written confirmation.
38. Can the firm withdraw even if my case is pending or appealed?
Yes.
Pending cases, appeals, or deadlines do not prevent withdrawal when allowed by court rules.
39. Does this policy apply to family members or derivative cases?
Yes.
Each case and each client must maintain current payment status, even if cases are related.
40. Is this policy required by law?
Courts and ethics rules permit and recognize these policies.
While not mandatory, clear payment policies are considered best professional practice.
41. Can this policy change in the future?
Yes.
The firm may update its policies as allowed by law.
Updated versions will be posted on the website.
42. Where can I find the official version of this policy?
The most current version is always available on the firm's website under Payment & Representation Policy.