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Attorney Withdrawal?

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IphieNY

Junior Member
What is the name of your state?What is the name of your state? New York

What is the procedure for a lawyer to remove himself as my counsel? I am ingaged in a multi-year lawsuit with my neighbors against our landlord. My lawyer informed me via email this evening that at the request of my neighbors he is removing himself as my lawyer but continuing to represent the others. We are scheduled for an important court appearance this Friday (basically three business days from now) -- the judge has already declared that he will hear arguments and then rule from the bench. Can our lawyer legally or ethically remove himself with such short notice? Does he need any notice? As far as I am aware, we (the tenants) are in agreement about our legal strategy, so we are not instructing him in any contradictory manner.

Any info is greatly appreciated!
 


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seniorjudge

Guest
Any lawyer who tries to represent multiple parties to a lawsuit is asking for trouble because of the very reasons you have outlined in your post.

What does your employment contract with the attorney say about this situation?
 
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IphieNY

Junior Member
It doesn't address this issue specifically. What it does say is that "The attorney represents the group as a collective entity and will take direction from the group." But my question is can he legally and ethically remove himself as counsel to one person because of internal and personal squabbles? It is not as though we, as a group, are in conflict about our legal strategy, so he can't claim that there is some sort of conflict of interest in continuing to represent all of us. I'm just sort of freaking out about the time-frame.
 
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seniorjudge

Guest
Print the e-mail where the lawyer told you he was no longer your lawyer. (Very unprofessional.) When you go to court, show the e-mail to the judge and ask for 30 days to get your own lawyer.
 
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IphieNY

Junior Member
I called the county clerk's office for any advice, and he recommended that I call the clerk for the judge in my case, which I will do later this afternoon. I am planning on doing that and going to court on Friday as well and telling the judge I oppose the motion until I have reasonable time to find a new lawyer. Thank you for responding to this.
 
D

D'Girl

Junior Member
Hi, I wrote a summary of my huge legal mess today. But in response to your posting my first paid lawyer in a 5 month period I gave him three thousand dollars to have a first meeting with him to give him money, and about 6 bogus meetings, given supeonas for but nothing concerning my case ever came up, just given another supeona to come again, he showed up total of two times, I was beside myself infuriated. Now when got court appointed in June he didnt make me go to all bogus meetings but did and have printed them out sent me e-mails starting with I'm a tiny fish that DA thinks I am more and a dont worry approach to week before Trial week before Jan 10 stating he was glad we got under radar (as if saying there was to be no trial) and judge would see I never should have been there in first place. For me to relax he knew what he was doing, once out of commonwealth would motion for dismissal. To going to supposed trial, god I'm so tired and pissed I cant see straight. This gentlemen who answers all these postings said unprofessional, I agree, I went on a rampageon internet just reading up on law and relaying them to him, I was only trying to protect myself and give him ideas, HE THOUGHT I WAS CHALLENGING HIM!!!! HELLO WHERE IS THAT COMING FROM AND THAT HE WAS SICK OF ALL MY E-MAILS AND WAS GOING TO JUDGE AND WITHDRAWAL HIMSELF!!!! I called after calming down and apologized because really I didnt mean to challenge him, yet did not trust him. What am I to do?? I just want to tell judge truth, because its nothing and take my punishment. She's the only one I see as being real and fair
 
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seniorjudge

Guest
D'Girl said:
Hi, I wrote a summary of my huge legal mess today. But in response to your posting my first paid lawyer in a 5 month period I gave him three thousand dollars to have a first meeting with him to give him money, and about 6 bogus meetings, given supeonas for but nothing concerning my case ever came up, just given another supeona to come again, he showed up total of two times, I was beside myself infuriated. Now when got court appointed in June he didnt make me go to all bogus meetings but did and have printed them out sent me e-mails starting with I'm a tiny fish that DA thinks I am more and a dont worry approach to week before Trial week before Jan 10 stating he was glad we got under radar (as if saying there was to be no trial) and judge would see I never should have been there in first place. For me to relax he knew what he was doing, once out of commonwealth would motion for dismissal. To going to supposed trial, god I'm so tired and pissed I cant see straight. This gentlemen who answers all these postings said unprofessional, I agree, I went on a rampageon internet just reading up on law and relaying them to him, I was only trying to protect myself and give him ideas, HE THOUGHT I WAS CHALLENGING HIM!!!! HELLO WHERE IS THAT COMING FROM AND THAT HE WAS SICK OF ALL MY E-MAILS AND WAS GOING TO JUDGE AND WITHDRAWAL HIMSELF!!!! I called after calming down and apologized because really I didnt mean to challenge him, yet did not trust him. What am I to do?? I just want to tell judge truth, because its nothing and take my punishment. She's the only one I see as being real and fair
Click to expand...

You're double posting.

You received no answers to your other question but please do not hijack this thread.

https://forum.freeadvice.com/showthread.php?t=219207
https://forum.freeadvice.com/showthread.php?t=211753
 
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seniorjudge

Guest
D'Girl said:
I apologize, I dont know what a thread is. Wont try again. Thanks.
Click to expand...
A thread is all the questions and responses. If you start asking questions inside someone else's questions, it gets very confusing.
 
M

msldystrkr

Junior Member
I am not sure where your case is at this point but the first choice would be to oppose his withdrawl saying you have paid him to represent you and the others as a group and unless he withdraws from all he is leaving you as his client in jeapordy, then use conflict of interest because he has represented you in the past and for him to continue may pit him against you since you do not know the outcome then finally ask for 60 days to find another attorney.

Relax and take your time....
 
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