My Attorney has threatened to withdraw

[justalayman]

He claims to be listed as a plaintiff according to what is posted on PACER.

I am listed as one of 5 Plaintiffs on PACER along wit

Hey, isn't pacer for federal matters?

Curiouser and curiouser!' cried Alice


I went back and reread a few posts. Op states there are 5 plaintiffs yet states there is only 1 plaintiffs attorney listed on the filing and only 2 have signed a contract with the attorney.

 

[quincy]

He claims to be listed as a plaintiff according to what is posted on PACER.



Hey, isn't pacer for federal matters?

Curiouser and curiouser!' cried Alice

Yes. Curious, indeed.

At least these posts by stevemowry are providing good reasons why an attorney might threaten to withdraw from the case.

As to Pacer, yes, it is a source for US District court, appellate court and bankruptcy court filings.

 

[stevemowry]

Yes the case was moved to US District Court in RI. It was filed in RI Superior Court.

So on PACER to date it shows me and the other four plaintiffs each being "Represented by the Plaintiffs' Attorney.

He has threatened to quit.

Will the Judge allow Plaintiffs' Attorney to quit before I testify?

 

[quincy]

Yes the case was moved to US District Court in RI. It was filed in RI Superior Court.

So on PACER to date it shows me and the other four plaintiffs each being "Represented by the Plaintiffs' Attorney.

He has threatened to quit.

Will the Judge allow Plaintiffs' Attorney to quit before I testify?

The judge could allow the attorney for the plaintiff to quit before you give your deposition, yes, if the attorney's client refuses to settle the matter.

You can read through the Rules of Professional Conduct I provided earlier.

 

[stevemowry]

I read Rule 1.16. Declining or terminating representation.

What if the client has not refused to settle the matter and negotiations are ongoing?

 

[quincy]

I read Rule 1.16. Declining or terminating representation.

What if the client has not refused to settle the matter and negotiations are ongoing?

An attorney can withdraw from representation of a client when the representation "has been rendered unreasonably difficult by the client."

Rhode Island has a Bar opinion on this. I will post back with a link to the opinion later.

 

[stevemowry]

Who determines if the client was/is unreasonable?

 

[quincy]

Who determines if the client was/is unreasonable?

First, the attorney. Second (if necessary), the judge.

 

[quincy]

See Page 2: https://www.courts.ri.gov/AttorneyResources/ethicsadvisorypanel/Opinions/08-02.pdf

 

[stevemowry]

Thanks again quincy,


Then what about the mechanics of the Attorney's withdrawal. Is this correct?

1. The Plaintiffs' Attorney files a Motion to withdraw.

2. Assuming no Objection is filed or the Motion is granted by the Judge, the attorney withdraws.

3. If Plaintiffs are not represented, then can they contact the Defense Attorneys?

 

[quincy]

Thanks again quincy,


Then what about the mechanics of the Attorney's withdrawal. Is this correct?

1. The Plaintiffs' Attorney files a Motion to withdraw.

2. Assuming no Objection is filed or the Motion is granted by the Judge, the attorney withdraws.

3. If Plaintiffs are not represented, then can they contact the Defense Attorneys?

If you have a copy of the attorney contract, you can read that. It might address attorney termination/withdrawal (then again, it might not).

You can read what was provided in the link above (again, see page 2). An attorney must follow the local court rules.

These rules require that an attorney notify the client of his intention to withdraw. The attorney also notifies the court of his intention to withdraw. The attorney will file a motion with the court seeking authorization to withdraw. The court will approve or deny the motion. Until the court approves the withdrawal, or if the court denies the motion to withdraw, the attorney must continue with the representation of the client. Often the attorney and the client agree on their own to terminate the relationship.

The client is free to hire another attorney at any time, with or without approval of the court, or can at any time choose to represent himself.

You might at this point start to ask your own attorney in Rhode Island your questions (if you believe that attorney is actually your attorney - I have my doubts).

 

[justalayman]

3. If Plaintiffs are not represented, then can they contact the Defense Attorneys?

yes but realize that each plaintiff cannot represent any other plaintiff. There will be 5 individual plaintiffs effectively with each negotiating on only their behalf. That can make a settlement difficult though since unless all parties agree to dismiss the suit, it continues on with whichever plaintiffs not agreeing to a settlement as plaintiff. It means the defense is not assured of any outcome which means they may refuse to settle if all parties do not agree to a settlement prior to trial.

 

[quincy]

yes but realize that each plaintiff cannot represent any other plaintiff. There will be 5 individual plaintiffs effectively with each negotiating on only their behalf. That can make a settlement difficult though since unless all parties agree to dismiss the suit, it continues on with whichever plaintiffs not agreeing to a settlement as plaintiff. It means the defense is not assured of any outcome which means they may refuse to settle if all parties do not agree to a settlement prior to trial.

Yes, it is not a simple matter to move from several plaintiffs represented by one attorney to several plaintiffs represented by no attorney.

I think that stevemowry needs to speak to the plaintiffs' attorney or to an attorney of his own (if not the same). Because this is a confused situation, it is unlikely a forum will be of much help to him.

 

[stevemowry]

Guys,


Thank you for your comments. I found them to be enlightening.

 

[quincy]

Guys,


Thank you for your comments. I found them to be enlightening.

Although we appreciate the thanks, and are happy you are enlightened by our comments, I am afraid I am no more enlightened than I was at the beginning.

I have wondered if you were required to be joined as a party in this legal action but I did not want to take any unnecessary detours. The questions you have asked have been addressed as much as I think they can be, knowing as little as we do about the case you are involved in.

I think you might benefit from speaking to the Rhode Island attorney who is threatening to withdraw from your case. He knows the facts of your case and the reasons behind his threats.

Good luck.