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Opposing counsel filed paper work to withraw from case.

Irving, TX |

Opposing counsel filed paper work to withraw from case. The case history shows she filed a motion to withdraw. My question is simple. Once the opposing counsel file paper work to withdraw from the case. Can this person continue on the case if he/she didn't submit a notice hearing with the judge to contue working on he case even though the case profile has this person as in the process of withdrawing. Does the oppossng councel have the obligation to provide me with a reinstatement letter? He/she provided a copy of the motion to withdraw.

Attorney Answers 3

Posted

A withdrawal is not effective until the Judge signs an order granting the withdrawal. Anytime up until that point an attorney may continue to, and I think some would say, an obligation to work the case.

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Posted

Filing a motion to withdraw does not mean that the Court has granted the motion or that the Court will ever grant the motion. The attorney is in the case until the Court has signed the motion permitting the attorney to withdraw. There is no requirement that the attorney provide anything to you about being reinstated. If the attorney does not seek a hearing or does not arrange for the order to be signed, then the attorney is in the case.

Good luck.

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Posted

An attorney has an obligation to continue to represent their client until the court allows them to withdraw. The court has to sign the order. The fact that the motion was not set for a hearing indicates that the client and the attorney had some difference of opinion as to how a portion of the case was proceed. Sometimes the difference is about payment of legal fees or failure to complete discovery in a timely manner.
Since the Motion to withdraw is between the client and his attorney the attorney has no obligation to provide you with a statement stating they are continuing to work on the case.

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