Affects on case when lawyer formally withdraws

[jare7685]

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

For the 2nd time in 6 months I with the help of my attorney filed a contempt against my ex wife for violation of our parenting plan. The lawyer she had previously formally withdrew as her counsel stating she has failed to stay in contact with her attorney--ignoring him, and that he has "lost contact with respondent"

I'm curious the affects on the case it will have in general.....

Does this look bad on my ex wife?

Since one of the reasons for my motion for contempt is her changing numbers/address/ avoiding emails to deny visitation etc will the judge take into consideration the reason for her attorneys withdraw??

She will likely continue ignoring everything because shes in the wrong but in the rare event she gets another attorney, could this withdraw make it difficult for her?

Thanks for any insight, I have an appointment with my attorney but its not for 2 weeks and Im curious now.

 

[quincy]

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

For the 2nd time in 6 months I with the help of my attorney filed a contempt against my ex wife for violation of our parenting plan. The lawyer she had previously formally withdrew as her counsel stating she has failed to stay in contact with her attorney--ignoring him, and that he has "lost contact with respondent"

I'm curious the affects on the case it will have in general.....

Does this look bad on my ex wife?

Since one of the reasons for my motion for contempt is her changing numbers/address/ avoiding emails to deny visitation etc will the judge take into consideration the reason for her attorneys withdraw??

She will likely continue ignoring everything because shes in the wrong but in the rare event she gets another attorney, could this withdraw make it difficult for her?

Thanks for any insight, I have an appointment with my attorney but its not for 2 weeks and Im curious now.

Your wife's former attorney informed you of his reasons for withdrawing as counsel?

 

[jare7685]

Yes her attorney had to send everyone notice. My lawyer received his "Motion for leave to withdraw as counsel for respondent" along with the page he signed and the judge in our case authorizing his withdraw, the Motion stated his reason for withdrawing. As well as my attorney sent the documents that were then also sent to my ex wife informing her of to appear in court on her own or obtain another attorney by 2 days before our upcoming hearing.

 

[quincy]

Yes her attorney had to send everyone notice. My lawyer received his "Motion for leave to withdraw as counsel for respondent" along with the page he signed and the judge in our case authorizing his withdraw, the Motion stated his reason for withdrawing. As well as my attorney sent the documents that were then also sent to my ex wife informing her of to appear in court on her own or obtain another attorney by 2 days before our upcoming hearing.

Interesting. The reasons for an attorney's withdrawal from a case are often kept confidential.

That said, a court (generally) will not allow an attorney to withdraw from a case if to do so adversely affects his client (there are some exceptions).

Here is a link to a Montana ethics opinion on attorney withdrawal (but not under the circumstances you describe):
http://c.ymcdn.com/sites/www.montanabar.org/resource/resmgr/ethics_opinions/970717.pdf

And here is a link to Montana's Rules of Professional Conduct; See Rule 1.6, Rule 1.9 and Rule 1.16: https://www.law.cornell.edu/ethics/mt/code/MT_CODE.HTM

 

[jare7685]

I'm just curious on the questions I asked. All I know is that what the motion said that my attorney received from the opposing attorney/court and that it has been accepted and approved by the judge. Whether it has happen or will be accepted is moot obviously as its been already been judge approved. All the documents that my attorney receives they forward to me, so I was just curious about my mentioned questions

 

[quincy]

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

Does this look bad on my ex wife?

The attorney withdrawal shouldn't look bad for your ex-wife. The attorney would not have been allowed to withdraw from the case if to withdraw would affect your ex-wife's case adversely (with a few exceptions*).

Since one of the reasons for my motion for contempt is her changing numbers/address/ avoiding emails to deny visitation etc will the judge take into consideration the reason for her attorneys withdraw??

The judge should not take into consideration the reason for the attorney withdrawal. The attorney would not have been allowed to withdraw from the case if to withdraw would affect your ex-wife's case adversely (with a few exceptions*).

She will likely continue ignoring everything because shes in the wrong but in the rare event she gets another attorney, could this withdraw make it difficult for her?

The withdrawal should have no effect on the merits of the case. The facts of the case are what matters.

Thanks for any insight, I have an appointment with my attorney but its not for 2 weeks and Im curious now.

It is best to concentrate on the facts of the case and not on any extraneous matters. Your attorney should know what is important and what is not and should, therefore, advise you appropriately.

Good luck in court.



*some exceptions are outlined in the links provided above

 

[latigo]

Interesting. The reasons for an attorney's withdrawal from a case are often kept confidential. . . . .

Of course there can be reasons why the attorney of records seeks leave to withdraw that cannot be revealed because of the constraints of the relationship. Normally it is just a matter of stating that circumstances concerning that relationship have developed such that is not in the best interests of either that it continue.

But as here, an attorney would be under no such constraints by divulging that the grounds for the motion is the inability to maintain communication with the client.

 

[latigo]

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

For the 2nd time in 6 months I with the help of my attorney filed a contempt against my ex wife for violation of our parenting plan. The lawyer she had previously formally withdrew as her counsel stating she has failed to stay in contact with her attorney--ignoring him, and that he has "lost contact with respondent"

I'm curious the affects on the case it will have in general.....

Does this look bad on my ex wife?

I honestly don't know what looks bad on your ex-wife. In your eyes probably nothing looks good on her.

But you are engaged in fanciful, wishful thinking to expect your case to be brightened and hers dulled because her lawyer withdrew.

You just better hope that she doesn't replace him/her with one more clever than yours.

 

[quincy]

Of course there can be reasons why the attorney of records seeks leave to withdraw that cannot be revealed because of the constraints of the relationship. Normally it is just a matter of stating that circumstances concerning that relationship have developed such that is not in the best interests of either that it continue.

But as here, an attorney would be under no such constraints by divulging that the grounds for the motion is the inability to maintain communication with the client.

If the hearing centers on the ex-wife's failure to maintain contact with jare, the ex-wife's attorney stating as his reason for withdrawal the failure of his client to maintain contact with him could be ethically problematic, I would think. Yes? No?

I also find jare's use of the word "ignoring" a problem. "Ignoring" has a much different connotation than "inability to maintain communication" (although it appears that "ignoring" is jare's word choice and not the attorney's).

At any rate, I agree that jare trying to use the attorney-withdrawal to help with his contempt motion would probably not serve him well.

 

[jare7685]

While "ignore" was my choice of words..."Counsel has lost contact with respondent" was not and I was just curious the ramifications of this, I don't need wishful thinking as she has already been found in contempt once, its just icing on the cake it her irresponsible actions make her look worse than she has already made herself look previously and currently. And, for the sake of argument the following is word for word the Motion to withdraw that was sent to my attorney and I, with names removed

COMES NOW, (REMOVED), counsel for Respondent, (REMOVED), and
respectfully requests leave of the Court to withdraw as counsel for the Respondent, (REMOVED), pursuant to � 37-61-403(2), Mont. Code Ann, and Rule 10 of the Uniform District Rules.
Counsel has lost contact with (REMOVED) and is unable to represent her interests.
Respondent was previously advised to maintain contact with counsel or he would have to
withdraw. A copy of Petitioner�s Motion to Hold Respondent in Contempt filed on May 11, 2015 was mailed to Respondent on May 13, 2015. Please see Exhibit A. A copy of the June 9, 2015 Order Setting Hearing was mailed to Respondent on June 12, 2015. Please see Exhibit B. Respondent has failed to remain in contact with counsel.
NOTICE IS HEREBY GIVEN, pursuant to � 37-61-404 , Mont. Code Ann., to all
opposing parties herein and/or their counsel of record that hereafter, until notified to the contrary,
(REMOVED), shall be appearing Pro Se and her last known address is (REMOVED)

 

[quincy]

While "ignore" was my choice of words..."Counsel has lost contact with respondent" was not and I was just curious the ramifications of this, I don't need wishful thinking as she has already been found in contempt once, its just icing on the cake it her irresponsible actions make her look worse than she has already made herself look previously and currently. And, for the sake of argument the following is word for word the Motion to withdraw that was sent to my attorney and I, with names removed

COMES NOW, (REMOVED), counsel for Respondent, (REMOVED), and
respectfully requests leave of the Court to withdraw as counsel for the Respondent, (REMOVED), pursuant to � 37-61-403(2), Mont. Code Ann, and Rule 10 of the Uniform District Rules.
Counsel has lost contact with (REMOVED) and is unable to represent her interests.
Respondent was previously advised to maintain contact with counsel or he would have to
withdraw. A copy of Petitioner�s Motion to Hold Respondent in Contempt filed on May 11, 2015 was mailed to Respondent on May 13, 2015. Please see Exhibit A. A copy of the June 9, 2015 Order Setting Hearing was mailed to Respondent on June 12, 2015. Please see Exhibit B. Respondent has failed to remain in contact with counsel.
NOTICE IS HEREBY GIVEN, pursuant to � 37-61-404 , Mont. Code Ann., to all
opposing parties herein and/or their counsel of record that hereafter, until notified to the contrary,
(REMOVED), shall be appearing Pro Se and her last known address is (REMOVED)

Thank you for the clarification. The use of the word "ignore" would have been a mistake on the attorney's part.

The withdrawal of the attorney should not have an impact on the contempt hearing. Your ex-wife's failure to inform you and the court of a change of address, her failure to respond to emails, and her changing of phone numbers - along with her failure to appear at the hearing (if she does) - will have an impact. I assume you have good proof of your attempts to contact her.

I am sorry you are having problems with a seemingly difficult ex-wife, jare. Good luck in court.