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  1. #1
    sjckdb308 is offline Junior Member
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    Attorney Withdraw From case

    What is the name of your state (only U.S. law)? MO

    If my attorney withdraws at our next settlement conference, what are my options? I have been told that I would have 30 days to find another lawyer. and that they would grant a continuance. Not sure what my options are.
  2. #2
    justalayman is offline Senior Member
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    Not really sure what you are looking for. If your lawyer withdraws, you should file for a continuance and find another lawyer.
  3. #3
    George1776 is offline Member
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    Options include: objecting to the withdraw ; hiring a new attny before he withdraws ; hiring a new attny after he withdraws ; represent yourself. Judges usually will give you at least 30 days to find a new attny depending upon any trial date status, if any
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by George1776 View Post
    Options include: objecting to the withdraw ; hiring a new attny before he withdraws ; hiring a new attny after he withdraws ; represent yourself. Judges usually will give you at least 30 days to find a new attny depending upon any trial date status, if any
    Objecting to the withdraw? Seriously? Hate to tell you but no one can be FORCED to work for anyone else nor can an attorney be forced to represent a client.
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  5. #5
    mistoffolees is offline Senior Member
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    Quote Originally Posted by George1776 View Post
    Options include: objecting to the withdraw ; hiring a new attny before he withdraws ; hiring a new attny after he withdraws ; represent yourself. Judges usually will give you at least 30 days to find a new attny depending upon any trial date status, if any
    Why is the attorney withdrawing? if it's for non-payment of his bill, simply paying the bill might resolve the problem faster and easier than the other options.
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    Why is the attorney withdrawing? if it's for non-payment of his bill, simply paying the bill might resolve the problem faster and easier than the other options.
    Let's hope it isn't. If it is, OP might need a lot more than 30 days to find another attorney that will accept OP as a client.
  7. #7
    CJane is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Objecting to the withdraw? Seriously? Hate to tell you but no one can be FORCED to work for anyone else nor can an attorney be forced to represent a client.
    I've seen judges refuse to allow an attorney to withdraw from a case if trial is imminent. I'm not certain the representation received at that point is ... up to par ... but I have seen it happen.
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by CJane View Post
    I've seen judges refuse to allow an attorney to withdraw from a case if trial is imminent. I'm not certain the representation received at that point is ... up to par ... but I have seen it happen.
    In a criminal trial a judge can refuse to allow the withdrawal due to the problems it can cause with the defendants rights and general timing of the trial. With a civil suit, not sure it is possible. Even with a criminal trial there are limitations as to what a judge can require.
  9. #9
    LdiJ is online now Senior Member
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    Quote Originally Posted by justalayman View Post
    In a criminal trial a judge can refuse to allow the withdrawal due to the problems it can cause with the defendants rights and general timing of the trial. With a civil suit, not sure it is possible. Even with a criminal trial there are limitations as to what a judge can require.
    There was at least one case on these forums, a year or two ago, where a judge made an attorney represent a mother in a gpv/grandparent custody case...even though the attorney had tried to withdraw. The mom didn't want the attorney either but the judge didn't care.

    So, from that case we know that it CAN happen, but I certainly doubt that its a common occurance.
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    There was at least one case on these forums, a year or two ago, where a judge made an attorney represent a mother in a gpv/grandparent custody case...even though the attorney had tried to withdraw. The mom didn't want the attorney either but the judge didn't care.

    So, from that case we know that it CAN happen, but I certainly doubt that its a common occurance.
    I have been educated.

    Surely would like to know the justification and right the judge claimed to be able to enforce it. I would also like to see if there were any appeals of any decision due to such an action or better yet, if there were any actions filed against the judge for making such a ruling.
  11. #11
    LdiJ is online now Senior Member
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    Quote Originally Posted by justalayman View Post
    I have been educated.

    Surely would like to know the justification and right the judge claimed to be able to enforce it. I would also like to see if there were any appeals of any decision due to such an action or better yet, if there were any actions filed against the judge for making such a ruling.
    I don't recall the poster posting a whole lot after that, but she got what she wanted so I know that she didn't appeal or take any actions against the judge for doing that.
  12. #12
    majomom1 is offline Senior Member
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    I'd like to know how the OP knows that his attorney is planning on withdrawing and I would try to have it done now, not later. I'm not sure I would trust anyone to represent me to the best of their ability if they were planning to withdraw.

    I changed attorneys during my case (in MO) and because there was a hearing coming up, I had to get the Judges approval.

    At first I think the Judge thought it was a stall tactic, to get a continuance, but I had another attorney ready to sign on AND it was during the holiday season, so he allowed it. I had to show him that my attorney had failed and did not do their job, which I did, so he allowed it.

    If it is a way to stall the whole process, the Judge will be very angry.

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