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Hi, wondering if I should sign lawyers consent to withdraw

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Hiandthanks

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

My question is if I should sign the consent for my Attorney's to withdraw from my case?

One more question, is the "If you don't sign this and return it today we will be forced to file a motion to withdraw" a threat? Like how long do I have for them to file an extension for my case for me to find new representation?

______________________________________________________________

From: Them

Attached is an Ex Parte Application for Withdrawal With Consent. Please sign the application and return it to us by either fax or email. Additionally, we will need the application with your original signatures. Please return the original signatures to us by US Mail.
Thank you for your cooperation.
______________________________________________________________

From: Them


I am contacting you regarding my previous email which you will see is below... We have not received the signed application from you. Could you please send us the signed application as soon as possible. Thank you.
______________________________________________________________

From: Me

Waiting to order my printer ink.
______________________________________________________________

From: Them


We cannot wait for you to order the printer ink. We need to have you sign it and fax it back to us today. Unfortunately, if we don't receive it by the application by the end of the day we will be forced to file a motion to withdraw. We would recommend that you forward the application to someone who can print it for you and then fax it back to us immediately. It has been about a week since we sent sent the application to you which we feel is sufficient time for you to have returned it to us.
Thank you.
______________________________________________________________

From: Me


I am also waiting for a detailed account for all expenses, I was told I was going to receive this.

I am trying to get my brother in law to print it and fax it, unfortunately living in a small town we do not have access to a place that faxes, like a kinko's Can you send a hard copy for me? So I could send it to you through the united states postal service?
______________________________________________________________

From Them:



I will forward you the expenses that have been paid to date. We really cannot send a hard copy because we would be looking at least 5 more days on turn around time before we would get it back.
______________________________________________________________

From: Me

My brother in law is going to print it and bring it over at lunch and fax it. I do not have a vehicle today so it's a little hard.

I am also trying to speak to another attorney about these letters to make sure everything is being done right so I still have time to find new representation since my statute of limitations is up and I was told I would have 60-90 days to find legal representation, to have that in writing would be good. I can not afford to NOT have that time to find one.

I would also like something that states the reason for withdraw.

Thanks.
______________________________________________________________

From: Them



Ok our fax # is xxx-xxx-xxxx. Thank you. I will file a motion with the court requesting an extension of the deadlines. The reason our firm is withdrawing is that we, as well as several other medical malpractice attorneys we have consulted, believe a successful outcome in this case may be quite remote.
______________________________________________________________

From: Me

Ok thank you,

I remember them saying to me that the reason for withdraw was because Xxxxx County is a lower income county and that a jury would think that 100,000. was a lot so it wouldn't be worth it to them. My husband remembers the same from the day we arrived out there for the meeting. They also said they believe I have a case, but I needed to find like a less expensive lawyer (basically but not in those exact words).

Thanks
______________________________________________________________

From Them:

That is correct. That is what “Quite remote” means.
______________________________________________________________

Thanks a ton in advance,

Have a wonderful day!
 
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Well, the cannot withdraw from the case given that they dont like the payout. You can file an objection to their motion. If you are paid up on your bills, then they cannot withdraw simply because they dont like the payout. Ask for your money back & then you will agree. And if you owe them $$ but dont know how much, their answer that they dont want to give you a bill will be laughed upon by the judge .. in fact the judge might find them in contempt. In your objections to the motion, ask for damages...~10K for the emotional distress & lack of complying with the court rules about billing practices. Continue your search for a new attny though .. these ones are losers at best, thieves at worst. IMO
 
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Hiandthanks

Junior Member
Thank you tons,

You think I should ask for my money back even for the stuff they did already?

Anymore comments ideas and stuff is welcome.
 

tranquility

Senior Member
Is this a contingency case?

Has an offer been made to you in the case and did you reject it?

I don't really see the benefit from signing the form or the hurt from them moving to get out of representing you. If a contingency case, if such a motion is made, I might counter with a breach of contract. (Unless you have been unreasonable in some way. Lack of profit should have been considered up front by the attorney. Be sure to keep all correspondence in case of problem.)
 

Hiandthanks

Junior Member
Is this a contingency case: No it is not, I have been paying them out of pocket.

Has an offer been made to you in the case and did you reject it: No it has not, the case has not even been to the table with both parties or the judge at all.


Unless you have been unreasonable in some way: I was NEVER unreasonable, always did what they needed or wanted.

Lack of profit should have been considered up front by the attorney: That's what I think as well.

Be sure to keep all correspondence in case of problem: I have since day1, since they said that their specialist in the same field as the Dr that severed my nerve gave them the red light to take my case.
 

Zigner

Senior Member, Non-Attorney
Is this a contingency case: No it is not, I have been paying them out of pocket.

Has an offer been made to you in the case and did you reject it: No it has not, the case has not even been to the table with both parties or the judge at all.


Unless you have been unreasonable in some way: I was NEVER unreasonable, always did what they needed or wanted.

Lack of profit should have been considered up front by the attorney: That's what I think as well.

Be sure to keep all correspondence in case of problem: I have since day1, since they said that their specialist in the same field as the Dr that severed my nerve gave them the red light to take my case.
The lawyer can withdraw from the case. He's doing you a favor in fact. He's helping you to avoid spending money that, in his professional opinion, you stand very little chance at recovering.
 

You Are Guilty

Senior Member
Absent a case that is either on, or about to start trial (and sometimes, even then), I have never seen a motion to withdraw denied. Similarly, I have never seen a court give at least 30 days (and usually more) for the party to find new counsel.

So I do not see much to gain by not signing. (Heck, they might even try billing you for making the motion as it wouldn't have been necessary to do so had you signed the stip).

Good luck.
 
Is this a contingency case: No it is not, I have been paying them out of pocket.

Has an offer been made to you in the case and did you reject it: No it has not, the case has not even been to the table with both parties or the judge at all.


Unless you have been unreasonable in some way: I was NEVER unreasonable, always did what they needed or wanted.

Lack of profit should have been considered up front by the attorney: That's what I think as well.

Be sure to keep all correspondence in case of problem: I have since day1, since they said that their specialist in the same field as the Dr that severed my nerve gave them the red light to take my case.
It looks like that from the email; slam dunk to get the withdraw request rejected. I have never seen a withdraw request rejected either but attnys usually state that they have not been paid or the case has no merit or a conflict has arisen. Because they feel that the outlay is not that good? They motion will not be looked upon very well by a court. What, attnys think they should only work on Bopal cases?
 

Zigner

Senior Member, Non-Attorney
It looks like that from the email; slam dunk to get the withdraw request rejected. I have never seen a withdraw request rejected either but attnys usually state that they have not been paid or the case has no merit or a conflict has arisen. Because they feel that the outlay is not that good? They motion will not be looked upon very well by a court. What, attnys think they should only work on Bopal cases?
WrongAGAIN strikes AGAIN!

Idiot
 

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