What do I do if my lawyer files a motion to withdrawal? I filed an objection with the district clerk and have heard nothing.

Asked about 2 years ago - Wichita Falls, TX

I have a court ordered mediation scheduled in five days and know nothing else. This is a civil matter in family court in Texas and I have zero financial resources to obtain a new lawyer.

Attorney answers (4)

  1. Orsen E. Paxton III

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . In Texas, an attorney cannot withdraw without the consent of his client unless there is a hearing conducted on his motion to withdraw. A client must be given notice of that hearing and an opportunity to appear and state why he should not be allowed to withdraw. If the client has not fulfilled his fee agreement with the attorney (owes him money) it is very likely that the court will permit the lawyer to withdraw. Lawyers are not indentured servants. But, the court will give the client a specific amount of time in which to obtain new counsel. If there is no hearing conducted prior to the mediation and it is a court ordered mediation, the client should appear at the mediation. So should the lawyer. But, if the lawyer does not appear the client is not required to do anything beyond appear. The client will have complied with the court order at that point or demonstrated a good faith effort to comply. The client should not communicate directly with opposing counsel and opposing counsel should not communicate directly with you.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.
  2. Patricia B. Cole

    Contributor Level 12

    1

    Lawyer agrees

    Answered . There is no automatic withdrawal for an attorney. He either has to have your blessing or have a hearing on his motion. If he schedules a hearing, he has to give you notice. However, you can call the clerk to see if a hearing has been scheduled if you are worried you wont' get notice. Good luck!

  3. Robert S. Bennett

    Contributor Level 10

    1

    Lawyer agrees

    Answered . The other answers that were provided to the Question did not address Texas Disciplinary Rules of Professional Conduct Rules 1.03 Communication and Rule 1.15 Declining or Terminating Representation. Get on the phone and call the Office of Chief Disciplinary Counsel in Dallas (214-368-2168and get the Grievance Form. You can also get this off their website. Fill it out and got see your lawyer. Tell him/her that if they do not show up at the mediation, this form will be filed. This is especially important if you think you have a chance of getting the tersms of the divorce resolved in the mediation. Your attorney does not work for free but the attorney can not hang you out to dry five days before the mediation. The attorney can not threaten to leave you in order to squeeze more fees on the eve of your mediation. good luck and after the mediation, check with Legal Aid for another attorney.

    Bob Bennett
    The purpose of this answer is for the education of the public on the Texas Legal System. No attorney client relationship is implied and nor undertaken. The questioner should seek competent legal counsel in the area in which he/she resides or contact the local lawyer referral service or the State Bar of Texas

    The purpose of this answer is for the education of the public on the Texas Legal System. No attorney client... more
  4. Robert A. Stumpf

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I think it's not likely the judge would permit him to withdraw before a hearing is held (you did object, after all). So your lawyer would probably have to show up at that mediation if he was going to do it anyway. Meanwhile, use this time to try find some legal service organizations that could perhaps help you. Good luck.

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