Withdrawal of Lawyer Without Justification

[Misreprented]

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

What is the procedure that an attorney must take to withdrawal from representing an appellant in a state appeal?
Can an attorney just simply “desert” the appellant in their appeal without filing any motion or informing the court their basis for withdrawing their representation of the appellant?
What can the appellant do if the attorney simply deserted appellant without “rhyme or reason” that is to justify just dropping the ball.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Hot Topic]

Attorneys notify the court when they withdraw from a case, and it could be for a number of reasons, including an uncooperative client.

 

[Misreprented]

When an attorney notifies the court of withdrawal from a case, isn’t the client required to receive a copy of the filed notification showing the grounds.
What if the court wasn’t notified which of course appellant didn’t receive a copy of the grounds for withdrawing. What could be done?

 

[Misreprented]

I was informed by the Court that the attorney has not as of yet notifed the court or filed any motion to withdrawal nor I have recieved any word or withdrawal motion.

What can be done? does this occur often? would another appeal attorney be assigned.

 

[Ohiogal]

I was informed by the Court that the attorney has not as of yet notifed the court or filed any motion to withdrawal nor I have recieved any word or withdrawal motion.

What can be done? does this occur often? would another appeal attorney be assigned.

You can always file a complaint if nothing has been done. However where are you in the process. Has the brief been submitted or is the appellant counsel in the process of WRITING the brief? What do you expect the attorney to do with you at this point?

 

[Misreprented]

You can always file a complaint if nothing has been done. However where are you in the process. Has the brief been submitted or is the appellant counsel in the process of WRITING the brief? What do you expect the attorney to do with you at this point?

Appellant doesn’t want to file a complaint because if the court forces counsel represent appellant it wil cause counsel to be more spiteful, creating a worst coercive atmosphere between client and attorney than there already is and the one who will definitely lose is the client . . The process was is in the early stages . . As far as I know the there has been no briefing schedule . .
That’s, the reason why I am on this public board asking this important question to perfect stranger’s. . however, my question is not what I expect the attorney to do at this point. .(that’s a given) . . what I want to know is what would the court be expected to do? when the attorney and client relationship disintegrates to irreconcilable differences to the point that appellant will receive incompetent representation if counsel were compelled to represent the appellant after the attorney made clear that he/she will not representing the appellant. . . . . a motion was filed to replace attorney MIA, were respondents required to respond in opposition of motion on appeal?

 

[Ohiogal]

If the counsel has not even filed a notice of appearance then the court does not expect that the client has counsel nor is counsel expected to file a motion of withdrawal. So again I ask, how far along in the case are you? Are you still within time to file an appeal? My guess is you are either not within time or fast approaching the deadline.

 

[Misreprented]

If the counsel has not even filed a notice of appearance then the court does not expect that the client has counsel nor is counsel expected to file a motion of withdrawal. So again I ask, how far along in the case are you? Are you still within time to file an appeal? My guess is you are either not within time or fast approaching the deadline.

notice of appeal was filed, appellate number was assigned, appellate counsel was assigned by the reviewing court, counsel made clear that the attorney was no longer representing the appellant, a request to have the attorney replaced by the reviewing court was made. I believe this issue about representtion of counsel must be addressed first don't you think? My question is will the reviewing court replace counsel? and was respondent suppose to have opposed request?

 

[Misreprented]

Wait are you saying even when counsel was assigned by the reviewing court, counsel is required to file appearance notice with the court?