We have previously discussed when and how an attorney can withdraw from representing a client. See, our Top Tip of April 24, 2025, as well as our April 18, 2022 Article on terminating the attorney client relationship.  However, what we have not previously discussed is whether a lawyer can charge the client for attorneys’ fees in connection with the withdrawal.  In Lee v. Daniels & Daniels, the San Antonio Court of Appeals answered this question in the negative based on the facts and circumstances of that case. 264 S.W.3d 273, 280-81 (Tex. App.—San Antonio 2008, pet. denied) (op. on reh'g).  

In Lee, the lawyer entered into a representation agreement with the client which specifically stated that the client would "pay for all time spent, costs and expenses incident to withdrawal as attorney of record to include, but not limited to, airfare, mileage,…