"Notice to withdraw as counsel...."

[mrssmith]

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

I would like an opinion concerning my attorney sending a letter to the opposing counsel (which I was copied on), stating that after "extensive consultation the defendant and attorney can not come to an agreement as to how to finalize the case."
There was never any consultation, let alone extensive consultation.

I sued my ex-husband for breach of our divorce agreement. I received money, they required paperwork from me. I complied. They then asked for more paperwork, (which was not part of the settlement) by threatening me with legal fees and a law suit. I sent her an email with questions / concerns (asking if they had a basis for the additional request, that I thought it was nothing more than continued harassement). I did not want to comply because the case was dragged out over 6 months because he refused to comply with our request for documentation, he threatened me, fired his attorney the day before the scheduled court date.....on and on.
(It took 2 years for a divorce because he refused to comply with anything then either! Except to harass me, which my attorney had to threaten a PFA to get him to stop.)

My attorney never responded to me, about 1.5 weeks later I received the email stated above. I have to respond to the judge's office prior to my attorney presenting it in Motions Court. I would like to know if this is common practice, ethical or professional. How can it be ethical to state that you have had "extensive consultation" when there has been no discussion what so ever......and to send that to a judge, isn't that lying??

Thank you.

 

[justalayman]

this is from your attorney, right?

I would like to know if this is common practice,

it happens

ethical

not enough info to determine but what they are doing might be the more ethical action. We have no facts of the situation so surely cannot make any sort of determination of whether it is ethical or not.

is this:

I sent her an email with questions and concerns about 1 1/2 weeks prior to receiving this statement with no response.

the first and only communication you have had with this attorney?

Unless it was, what was discussed prior would presumably have a great bearing on the attorneys actions. Since there is no way to know what was discussed, we have no way of determining if the attorneys actions were ethical or professional or proper.

 

[latigo]

I see no reason for you to be alarmed. Professional ethics haven’t been breached.

What you refer to as a “letter” is undoubtedly a copy of your attorney’s motion or application, which she filed with the court asking permission to withdraw as your attorney of record. Court rules require that she send a copy to both her client and opposing counsel.

Don’t be concerned about why she wants to withdraw or the truth of the reasons she is giving. It’s really immaterial as to why. Because unless the court finds that her withdrawing at this stage of the case will jeopardize your position in the lawsuit, the court is going to grant her motion.

Next you write, “I have to respond to the judge's office”.

I think what you mean is that the motion has been set for a hearing before the court and you have the opportunity to appear at that time should you wish to object to her being allowed to withdraw.

Unless you intend to represent yourself from this point forward (not recommended) you need to find another lawyer. Whether she is allowed to withdraw or not you certainly won’t want to stay with this cluck! Who is likely to bill you for all of her “extensive consultations”.

No wonder people hate attorneys.

 

[You Are Guilty]

You need to appear on the date scheduled by the court. Tell the judge that you would like XX days (I'd ask for 90, expect to get ~30) to retain a new attorney (even if you have no plans to - you may change your mind in a month). Then go out and do it.

Good luck.

 

[justalayman]

the two other guy that responded are in fact attorneys. You would do well to listen to them.


As latigo stated, an attorney must notify you and the court of their intention to withdraw as counsel. That fulfills their ethical duty. You cannot force an attorney to continue on as your counsel but as ethics go, they are not allowed to simply "hang you out to dry" so to speak. That is what the notice is about.



It would appear your attorney simple does not agree with your proposed actions or believes there is nothing more they can do for you. That is their choice and and severing the relationship would be the ethical and professional thing to do.

or, it may be they simply do not want to deal with the situation for whatever reason and are dropping you as a client.

again, their option.

 

[mrssmith]

Thank you for the replies.
No I do not want to continue with that attorney.
My question is**************shouldn't they have let ME know first, then send the notice?? I was asking them questions about how to handle the situation,
if they did not agree, why not just say so??
I wasn't demanding anything from my attorney. Also, as someone with no law experience, it is difficult to find out exactly what the documents mean and imply. I only found out from calling the judge's office that I was required to respond. That was the only information I could get out of them or anyone else after hours of phone calls. The only suggestion was to hire ANOTHER attorney.
I would like to state to the judge in my response, that I feel it was very unprofessional and unethical for my attorney to send that notice. And that she did leave me out to dry! if that is possible for me to do. I can not go in person because I no longer live in the area.
I no longer need an attorney at this point.
If I was to ask for a postponement while I hire new counsel, is that playing nasty back? I don't think I need another attorney at this point. My ex's attorney is threatening me with something that took me 5 minutes in a phone call to find out is a lie, I can get documentation from them to prove it.
Thank you again

 

[justalayman]

it would have been nice but apparently the simple had decided there was no reason for further discussion on the matter. Nice is not a requirement for a lawyer, everybody knows that

I would like to state to the judge in my response, that I feel it was very unprofessional and unethical for my attorney to send that notice.

You can if you want but unless the attorney's actions left you in an immediate bad situation, it is meaningless. What you feel doesn't really count (sorry). Only if the withdrawal caused you to be in some damaging situation as a result of the withdrawal will your claim make any difference. If so, the judge could direct the attorney to take care of some situation that is so pressing that there is no time to find another attorney without injury to your situation.

Other than that, this is basically a formality.

I no longer need an attorney at this point.

then I am really missing why your angst concerning the withdrawal.

If I was to ask for a postponement while I hire new counsel, is that playing nasty back?

nasty to whom? Why would you consider an action affecting your case to be "nasty" to your attorney?

If you need a postponement due to the withdrawal, then yes, by all means, request one. If the judge does not want to allow a postponement, this is the type of situation the judge could direct the attorney to not withdraw at this time. Without knowing all of the facts of the situation, there is no way to determine what the judge might do.

I don't think I need another attorney at this point.

well, pulling a stunt like asking for a postponement and then not finding an attorney as you claimed you needed might just piss off the judge enough to charge you with contempt of court. While you might get away playing with your attorney or the other party and their attorney, when you start playing with the judge, expect to be called on it and suffer the consequences.

 

[You Are Guilty]

The motion will never be postponed. It will be granted and the underlying case will be stayed for XX days to permit the OP to obtain new counsel or proceed pro se. I understand why the OP is miffed (I would be too), but there is simply no way to force your lawyer to continue working for you if they do not want to.

 

[mrssmith]

reply to "Notice to withdraw......"

Thank you again.
I have a better understanding after reading the posts.
Even though it may be ethical, I still think it was done in a rather nasty way.
Someone asked what my point was, just asking if it was ethical or legal (for lack of a better word).
Someone else suggested asking for a postponement. I dont think I still need an attorney. I also would not want to jeopardize myself with a potential contempt of court just in an attempt to be nasty back.
I did feel like I was left hanging. I did not know what my options were and also, if I pointed out to the judge that she did not consult with me, as she claimed to, would there be some kind of reprimand.
I know if I left a client like that, there would certainly be a reprimand from my boss, rightly deserved too.
Please remember, all of this is frustrating to us lay people.
It seems you have to HIRE an attorney just to find out what the laws and your rights are!
Truly, as a professional, I found it very difficult and confusing navigating my way through a law suit. Its as if normal rules of civilization do not apply. The BS that goes on in most law suits, would get you fired in a heartbeat in most professions.

 

[latigo]

The BS that goes on in most law suits, would get you fired in a heartbeat in most professions.

“Most law suits” (sic)? You are qualified to make such critical comments and yet mired in a state of bewilderment over a simple motion for leave to withdraw? Which you couldn’t distinguish from “a letter to opposing counsel”?
____________________

Incidentally, the English word "lawsuit" – “a claim or dispute brought to a court of law for adjudication “ - IS ONE WORD, NOT TWO!

Also, which “civilization” and its body of “rules” are you referring to? For comparisons do we need to go back beyond 3100 BC with that of Mesopotamia and Egypt?