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other attorney submitted motion to withdraw?

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SusanB

Junior Member
What is the name of your state? FL
Hello,
I am asking this question because I am helping to fund my daughters case. (Both parents are 18). In a child custody case the other attorney submitted a motion to withdraw as attorney of record. The other party said it was because he signed the parenting agreement without his attorney and his attorney did not agree with it and was angry with him. Does this sound right?

All along the other party was making agreements with my daughter which were followed up with letters from his attorney stating just the opposite of what was agreed, including much false information. This has went on for months, driving up our costs and now with this motion I am wondering if the other attorney had his own agenda all along. He is one that is paid monthly vs retainer, I believe a 'fathers rights' attorney.

The motion stated the reason is:
1) Respondent/Father has elected to proceed in this matter without counsel.
2) Respondent/Father has failed to abide by the terms of employment with counsel.
3) The differences between Respondent/Father and counsel are such that they are not capable of being resolved.
4) Respondent/Father last known address......

Would/could an attorney submit this if the reason was just because his client signed the agreement without the attorney agreeing to it? If not, does anyone have any idea what valid reasons an attorney would have to have to do this?

Our attorney has submitted the signed agreement, so does that mean it is all down hill from now?
Thank you in advance for any information/advice anyone has on this.
 


Silverplum

Senior Member
Seems normal to me.

SusanB said:
What is the name of your state? FL
Hello,
I am asking this question because I am helping to fund my daughters case. (Both parents are 18). In a child custody case the other attorney submitted a motion to withdraw as attorney of record. The other party said it was because he signed the parenting agreement without his attorney and his attorney did not agree with it and was angry with him. Does this sound right?

All along the other party was making agreements with my daughter which were followed up with letters from his attorney stating just the opposite of what was agreed, including much false information. This has went on for months, driving up our costs and now with this motion I am wondering if the other attorney had his own agenda all along. He is one that is paid monthly vs retainer, I believe a 'fathers rights' attorney.

The motion stated the reason is:
1) Respondent/Father has elected to proceed in this matter without counsel.
2) Respondent/Father has failed to abide by the terms of employment with counsel.
3) The differences between Respondent/Father and counsel are such that they are not capable of being resolved.
4) Respondent/Father last known address......

Would/could an attorney submit this if the reason was just because his client signed the agreement without the attorney agreeing to it? If not, does anyone have any idea what valid reasons an attorney would have to have to do this?

Our attorney has submitted the signed agreement, so does that mean it is all down hill from now?
Thank you in advance for any information/advice anyone has on this.
 

Gracie3787

Senior Member
SusanB said:
What is the name of your state? FL
Hello,
I am asking this question because I am helping to fund my daughters case. (Both parents are 18). In a child custody case the other attorney submitted a motion to withdraw as attorney of record. The other party said it was because he signed the parenting agreement without his attorney and his attorney did not agree with it and was angry with him. Does this sound right?

All along the other party was making agreements with my daughter which were followed up with letters from his attorney stating just the opposite of what was agreed, including much false information. This has went on for months, driving up our costs and now with this motion I am wondering if the other attorney had his own agenda all along. He is one that is paid monthly vs retainer, I believe a 'fathers rights' attorney.

The motion stated the reason is:
1) Respondent/Father has elected to proceed in this matter without counsel.
2) Respondent/Father has failed to abide by the terms of employment with counsel.
3) The differences between Respondent/Father and counsel are such that they are not capable of being resolved.
4) Respondent/Father last known address......

Would/could an attorney submit this if the reason was just because his client signed the agreement without the attorney agreeing to it? If not, does anyone have any idea what valid reasons an attorney would have to have to do this?

Our attorney has submitted the signed agreement, so does that mean it is all down hill from now?
Thank you in advance for any information/advice anyone has on this.
It sounds very normal to me also. The attorney has to file before they can stop representing a client during pending litigation and those are very good reasons for a lawyer to file.

No, I doubt if it's going to be downhill from here. It's possible that the father could ask the court for more time to find other counsel and quite often Judges will allow continuances for that reason.
 

SusanB

Junior Member
hearing on motion to withdraw as attorney

Thank you both for the responses. I apologize for so many questions and do appreciate the info/adivce. This is a new experiance for us and one that we do not want to repeat, or if needed, we'll be much smarter about it next time.

This afternoon we received a notice of hearing to be held today at 9:00 concerning a 'motion to withdraw as attorney of record'. Is this a requirment/SOP or is this unusual and indicates something is up? Hopefully we do not need to be there since we did not know anything about it until this afternoon? The signed parenting agreement went to the court last week.

Thank you for the legal assistance.
 

GrowUp!

Senior Member
SusanB said:
Thank you both for the responses. I apologize for so many questions and do appreciate the info/adivce. This is a new experiance for us and one that we do not want to repeat, or if needed, we'll be much smarter about it next time.

This afternoon we received a notice of hearing to be held today at 9:00 concerning a 'motion to withdraw as attorney of record'. Is this a requirment/SOP or is this unusual and indicates something is up? Hopefully we do not need to be there since we did not know anything about it until this afternoon? The signed parenting agreement went to the court last week.
Well if you don't show up, you're going to find out what happens. You might not like it.
 

tigger22472

Senior Member
GrowUp! said:
Well if you don't show up, you're going to find out what happens. You might not like it.
It's kind of hard to show up when you get the notice AFTER the hearing.

This was not a big deal. And yes it's normal. It's just an official hearing for the judge to hear the withdraw motion and sign off on it (or not).
 

GrowUp!

Senior Member
tigger22472 said:
It's kind of hard to show up when you get the notice AFTER the hearing.

This was not a big deal. And yes it's normal. It's just an official hearing for the judge to hear the withdraw motion and sign off on it (or not).
Ahh...missed it was AFTER the hearing. Plus I didn't bother to take notice of when the post was entered. :eek:
 

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