James Fishback filleted on X after saying he won’t pay his lawyer

Gubernatorial candidate James Fishback is defending his decision not to pay his lawyer after another legal setback, and reaction on social media is negative.

“He lost my case,” the embattled Republican who homesteads in Washington, D.C., said. “Why on earth would I pay him for losing?”

In March 12 filings with U.S. District Judge Paul Engelmayer of the Southern District of New York, lawyer Justin Kelton, a partner at Abrams Fensterman LLP, claimed in a motion to withdraw that Fishback owes the firm “more than $150,000 in fees and costs,” with most of it overdue by more than 120 days.

“Defendant has informed the Firm that (i) he is unable to pay the outstanding and overdue balance, and (ii) he will not be able to pay fees that may be incurred for any future work that may be required going forward,” Kelton wrote, adding that in conversations they’d had, Fishback did not dispute that he owned the firm “substantial fees and costs.”

“For the reasons set forth herein,” Kelton continued, “it is respectfully requested that the Court grant Abrams Fensterman, LLP and its attorneys leave to withdraw as counsel in this matter.”

“The Firm was retained for this matter by Defendant pursuant to a written retainer agreement under which Defendant agreed to pay the Firm’s legal fees based on our hourly rates,” the motion reads. “The Firm has not agreed to finance the defense of this litigation or render gratuitous services in this matter.”

After Fishback’s post on X Saturday, numerous social media members maligned him, with many using language and tropes unsuitable for publication, but others managing to keep their statements suitable for all audiences.

“Unless your lawyer agreed to represent you on a contingency basis, you don’t get to pay or not pay based on the legal outcome of the matter,” said Andrew Branca.

Matt Forney said the “entire legal profession” would “blacklist” Fishback for that statement.

“Great, James. I assume once you lose the governor’s race you perpetually poll in the single digits on you’ll be returning all the campaign funds you’ve raised,” rhetorically asked John Bourscheid.

Fishback told Florida Politics on Friday that he owed his mother “$20 for Chipotle last night, and that’s the only person I’m going to be paying back.”

After Florida Politics emailed Fishback copies of the order and Kelton’s filings, he responded with a statement promising, if elected Governor, to “crack down on frivolous litigation and price gouging.”

Fishback’s unwillingness to pay his legal fees and court damages may be less about willingness than wherewithal. Trustees overseeing Azoria’s funds voted in December to liquidate the company’s two flagship exchange-traded funds (ETFs), one focused on large-cap U.S. companies and another tied to Tesla, citing limited investment interest and the unpleasant scrutiny stemming from Fishback’s legal issues.

Together, the funds held roughly $34 million before shutting down less than six months after launching. The trustees cited their small size and “recent litigation involving a principal” of the firm in deciding to wind them down.

Those and other financial setbacks, including the repossession of Fishback’s Tesla, come as he struggles to gain traction in the Republican Primary for Governor.

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A.G. Gancarski, Jacob Ogles, and Jesse Scheckner contributed reporting.