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My Attorney has withdrawn his threat to withdraw and gone Rambo

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stevemowry

Junior Member
What is the name of your state (only U.S. law)? Rhode Island

When I took advise to ask Plaintiffs' attorney questions regarding his threat to withdraw, he went Rambo. The following is from his response.

"On the topic of my withdrawal, I considered your comment regarding the pending order for your deposition. You may be right as far as the timing is concerned. The court might take the position that I should not withdraw while that order for your deposition is in force. But the order is directed at the plaintiffs, not at me. So here is my plan if I continue as counsel in this matter: I will do nothing to prepare this case for trial. I’m going to inform Defendant that the case will not settle due to irreconcilable conflicts among the plaintiffs. Defense will then want to go forward with your deposition, but I will inform defense counsel that we will not produce you as a witness. I will also inform him that we will not object to his inevitable motion to dismiss and, eventually, the court will dismiss the case."

What I want to do now is have the attorney withdraw so that I can at least try once to negotiate a settlement Pro se with the Defense. Can anyone give me advice on how to facilitate the attorney's withdrawal? I am outside the USA and retired in Thailand.
 


Zigner

Senior Member, Non-Attorney
Please keep your related questions in your original thread: https://forum.freeadvice.com/legal-ethics-lawyer-malpractice-89/my-attorney-has-threatened-withdraw-629754.html
 

Zigner

Senior Member, Non-Attorney
Hi Zigner,


Yes, I wanted to do that but the thread is closed.
Ahhh...that's probably because Quincy's final reply summed it up pretty nicely:

Please either ask your attorney/not attorney your questions or review all of this with an attorney in your area, stevemowry.

We are getting nowhere on this forum because no one here knows anything about the case you are involved in as plaintiff/witness.

None of what you are saying adds up and it is silly for us to continue to guess at what is going on.

Good luck.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Rhode Island

When I took advise to ask Plaintiffs' attorney questions regarding his threat to withdraw, he went Rambo. The following is from his response.

"On the topic of my withdrawal, I considered your comment regarding the pending order for your deposition. You may be right as far as the timing is concerned. The court might take the position that I should not withdraw while that order for your deposition is in force. But the order is directed at the plaintiffs, not at me. So here is my plan if I continue as counsel in this matter: I will do nothing to prepare this case for trial. I’m going to inform Defendant that the case will not settle due to irreconcilable conflicts among the plaintiffs. Defense will then want to go forward with your deposition, but I will inform defense counsel that we will not produce you as a witness. I will also inform him that we will not object to his inevitable motion to dismiss and, eventually, the court will dismiss the case."

What I want to do now is have the attorney withdraw so that I can at least try once to negotiate a settlement Pro se with the Defense. Can anyone give me advice on how to facilitate the attorney's withdrawal? I am outside the USA and retired in Thailand.
I have to say that based on your prior thread, and this one, that you should report the attorney to his state bar association, as his behavior is inexcusable. I am sure that he is frustrated and annoyed with the whole situation but that does not excuse the kinds of threats that he made.
 

Zigner

Senior Member, Non-Attorney
I have to say that based on your prior thread, and this one, that you should report the attorney to his state bar association, as his behavior is inexcusable. I am sure that he is frustrated and annoyed with the whole situation but that does not excuse the kinds of threats that he made.
I have to wonder if the OP has been ...difficult... about returning to the states for the deposition.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Rhode Island

When I took advise to ask Plaintiffs' attorney questions regarding his threat to withdraw, he went Rambo. The following is from his response.

"On the topic of my withdrawal, I considered your comment regarding the pending order for your deposition. You may be right as far as the timing is concerned. The court might take the position that I should not withdraw while that order for your deposition is in force. But the order is directed at the plaintiffs, not at me. So here is my plan if I continue as counsel in this matter: I will do nothing to prepare this case for trial. I’m going to inform Defendant that the case will not settle due to irreconcilable conflicts among the plaintiffs. Defense will then want to go forward with your deposition, but I will inform defense counsel that we will not produce you as a witness. I will also inform him that we will not object to his inevitable motion to dismiss and, eventually, the court will dismiss the case."

What I want to do now is have the attorney withdraw so that I can at least try once to negotiate a settlement Pro se with the Defense. Can anyone give me advice on how to facilitate the attorney's withdrawal? I am outside the USA and retired in Thailand.
Your other thread was locked because all that really needed to be said had been said.

If you wish to file a complaint with the Rhode Island Bar Association, a link was provided earlier. There will be an investigation into the attorney's actions.

If you want to fire your current attorney, you can do that at any time. I believe links provided earlier tell you how to do this.

It sounds to me as if you and the other plaintiffs are being difficult about the settlement offer and the attorney is frustrated. The court may or may not allow him to withdraw at this point but, if the attorney feels that the settlement offered is a good one and that a trial is not apt to work in your favor, he is right to let you know this now.

I suggest that you and the other plaintiffs speak to each other and work out something yourselves before the defendant moves to have the case dismissed. It seems dangerously close to that happening.

Finally, and once again, speak to another attorney in your area. The new attorney can personally review all facts of your case and where it stands currently and provide you with advice that we, on this forum, are unable to provide because we know nothing of your case.

Good luck.
 
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stevemowry

Junior Member
Hi quincy,


Thanks for your sincere comments.

I reviewed the documents at the link you provided but it's just not clear to me what the mechanics are to have the attorney removed.

Could someone just give me a brief outline of the Pro se mechanics of having an attorney removed as a plaintiffs' representative in US District Court in Rhode Island?


Thanking the readers in advance for their help
 

Zigner

Senior Member, Non-Attorney
Hi quincy,


Thanks for your sincere comments.

I reviewed the documents at the link you provided but it's just not clear to me what the mechanics are to have the attorney removed.

Could someone just give me a brief outline of the Pro se mechanics of having an attorney removed as a plaintiffs' representative in US District Court in Rhode Island?


Thanking the readers in advance for their help
You really want to speak with a different attorney in RI. You aren't going to be able to do this from Thailand, so you will need representation in RI.
 

stevemowry

Junior Member
Thanks but that means my only option is to file a complaint.

I am a retired senior in Thailand and living on SS. I really do not have the means to retain another attorney at this time.
 

Zigner

Senior Member, Non-Attorney
Thanks but that means my only option is to file a complaint.

I am a retired senior in Thailand and living on SS. I really do not have the means to retain another attorney at this time.
I'm sorry, but your matter is beyond that for which an internet forum can help. You've got decisions to make...
 

quincy

Senior Member
Hi quincy,


Thanks for your sincere comments.

I reviewed the documents at the link you provided but it's just not clear to me what the mechanics are to have the attorney removed.

Could someone just give me a brief outline of the Pro se mechanics of having an attorney removed as a plaintiffs' representative in US District Court in Rhode Island?


Thanking the readers in advance for their help
You can draft a letter to the attorney saying that he is "fired." Ask for a final accounting of expenses. You may owe the attorney money for his representation to date. The attorney can file the proper papers for you with the court, letting the court know that you will be proceeding pro se.

If you decide to hire another attorney (which is strongly recommended), the other attorney can handle all of this for you, including court notification, substitution of attorney, acquiring all case documents, etc. At the very least, you should consult with another attorney. The attorney you speak to can personally review of all that has happened in your case and advise you based on this personal review.

Your situation is not one that can be handled easily in a forum setting, stevemowry. I think I have mentioned this more than once before. If you cannot come to an agreement with the other plaintiffs and get the matter settled with the defendants, however, and you cannot afford another attorney, you might want to let the case you are involved in die a natural death. Some things are worth fighting, others are not.

Good luck.
 
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