Attorney withdrawing from the case...

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Latest post 06-23-2006 2:52 PM by reypa. 10 replies.
  • 06-15-2006 8:32 AM

    • reypa
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    • Joined on 06-07-2006
    • Posts 18

    Question [=?] Attorney withdrawing from the case...

    Can a lawyer withdraw from the case without consent of the petitioner? -- My husband decided to tell his attorney that he didn't want him as a lawyer anymore since all he wanted to do is ask for more money everytime there was a trial date, need less to say, he has not done any research for the last 2 yrs since he originally handled his divorce. And had all the info in his hands. the same info they had since day one.
    His attorney sent him through fax a letter that my husband needed to sign withdrawing him from the case. Mu husband hadnt signed it yet, when we received a notice from him that he had a trial date to withdraw himself from the case?
    Can he do that without my husbands consent?
  • 06-15-2006 11:17 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,202

    Feedback [*=*] re: Attorney withdrawing from the case...

    Yes, if he gets the judge's permission. (we outlawed slavery in this country over 100 years ago.)
  • 06-15-2006 1:00 PM In reply to

    re: Attorney withdrawing from the case...

    "Can a lawyer withdraw from the case without consent of the petitioner?"

    An attorney may withdraw upon consent of the client or permission of the court.
  • 06-15-2006 1:24 PM In reply to

    re: Attorney withdrawing from the case...

    Your husband told the lawyer verbally that he was dissatisfied with the lawyers services and the lawyer took it to mean he was indeed terminated. Sending your husband anything to sign was probably just "verifying" what had taken place (and was not required).

    However, the reasons your husband sought to fire the attorney could certainly be taken up with your State Bar. Call them and find out what steps you can take to file a complaint. You must have all your facts straight and not undertake a complaint lightly. You must have dates and notes about what the lawyer did and did not do and so forth. Give a concise run down of the factual reasons for having terminated his services. You may be surprised to learn your attorney was doing his job and for one reason or another you misunderstood what should be expected. The State Bar is there for you to sort those types of matters out.
  • 06-15-2006 2:48 PM In reply to

    • reypa
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    • Joined on 06-07-2006
    • Posts 18

    re: Attorney withdrawing from the case...

    Thank you for all your responses. They were very helpful....and thank you DOCAR for pointing out that "we outlawed slavery over 100 years ago" issue, I think I know that. -- I asked because everyone gives a different answer to my question including our lawyer himself.
  • 06-15-2006 3:23 PM In reply to

    re: Attorney withdrawing from the case...

    "Your husband told the lawyer verbally that he was dissatisfied with the lawyers services and the lawyer took it to mean he was indeed terminated. Sending your husband anything to sign was probably just "verifying" what had taken place (and was not required)."

    That may or may not have been the case (we can't speak about the attorney's motivations), but since he was the attorney of record, if, indeed, hubby wanted to fire the lawyer, then something memorializing that needs to be filed with the court.

    After posting my original response I sort of wondered why the lawyer's motion to withdraw was a big deal since hubby wanted to fire him anyway.
  • 06-15-2006 10:08 PM In reply to

    re: Attorney withdrawing from the case...

    "That may or may not have been the case (we can't speak about the attorney's motivations), but since he was the attorney of record, if, indeed, hubby wanted to fire the lawyer, then something memorializing that needs to be filed with the court."

    I agree. I thought the original poster stated that the lawyer asked the husband to sign something pertaining to the termination. The lawyer probably provided it as a courtesy to his client to finalize matters (if I understood the original posters facts) . I didn't mean that I didn't think that the lawyer could withdraw without notice to the court.
  • 06-20-2006 9:15 AM In reply to

    • reypa
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    • Joined on 06-07-2006
    • Posts 18

    Note [#=#] re: Attorney withdrawing from the case...

    Under: Divorce General I placed my ad "I'm paying for a mistake my lawyer did"...it explains that since the beginning our lawyer had "misplaced" the file and did not know what the subpoena was referring to. My husband obviously kept a copy of all the papers and took it to him and he couldn't explain why he had place that little word "special equity" instead of "full quity" in the final agreement.
    My husbands mother has paid for most of the attorney costs so she called him and told him that it wasn't fair that he does not have to do any research at all since all the info is at hand and that all he can do is ask for more money when all this is his fault.- Maybe that upsetted him or maybe he does feel he can't do anything else with the case and just doesn't want to be a part in it. He wasn't asked or didn't give a reason for him to so rushingly ask for a trial date to remove himself from the case.
    But everyone keeps telling us that we can actually have a case against the attorney and sue him for all the complications he has brought upon my husband. --Not sure how true that can be though.
  • 06-21-2006 1:22 PM In reply to

    Feedback [*=*] re: Attorney withdrawing from the case...

    Be thankful your husband's attorney did a withdraw if he was not happy. I ask my attorney 3 weeks ago by a certified mail to send me a withdraw so I could get a new attorney and I have not received it yet. My new attorney will not handle my case without a withdraw from my old attorney.
  • 06-22-2006 1:18 PM In reply to

    • reypa
    • Not Ranked
    • Joined on 06-07-2006
    • Posts 18

    News [|*|] re: Attorney withdrawing from the case...

    I am so confused now. My husband just called me that his "lawyer" called him stating that he has a trial date for tomorrow to finish the case against the ex. Jeez, we could have been warned a couple of days before...anyways...

    My husband is also confused and doesn't know what to make out of it. But he said he didn't ask him for no more money. We agreed since we have no legal background at all and the other lawyers seem very confident in winning the case and we at least want to have someone that has legal background backing us up.

    I'm just thankful that this is "hopefully" the last time we see this attorney and the last time that we will ever have to deal with his ex. What a grouch :(
  • 06-23-2006 2:52 PM In reply to

    • reypa
    • Not Ranked
    • Joined on 06-07-2006
    • Posts 18

    News [|*|] re: She got away with what she wanted

    Today we went to court, and everything settled with her getting awarded $15000.00!! Oh well, we at least keep the apartment and which is worth more than $220K and we owe 107K. Our attorney was one of those trying to make himself look so good when all he did was keep frustrating the judge being too quick on answering her questions.
    The only good thing out of all this is that she is finally completely out of our lives.
    Thanks for everyone's advices and comments. :)


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