Why would my attorney file a motion to withdrawal?

Asked about 2 years ago - Tampa, FL

A motion to withdrawal was file by my attorney after my case was closed. Is this normal practice procedure?

Attorney answers (2)

  1. Peter Scott Van Keuren

    Contributor Level 12

    2

    Lawyers agree

    Answered . Sometimes the attorney may have a continuing obligation after the case is resolved. For instance if a party loses a civil action the attorney for the prevailing plaintiff may seek to enforce the judgment or may seek to collect the costs and attorneys fees incurred. Your attorney may not have agreed to be responsible for that part of the claim and would therefore withdraw to terminate any continuing obligations.

    If you have questions, call the attorney.

  2. Amanda Elizabeth Lee

    Contributor Level 10

    1

    Lawyer agrees

    Answered . In many states, a lawyer is required by the court rules to file a motion to withdraw to formally end the representation of the client, even when the case is over and there is no more work for the lawyer to do. Assuming the case really is over, the motion is a formality and you don't need to do anything, unless there is something the lawyer still needs to do for you on your case.

    Even though your case is over, however, the ethical rules require the lawyer to protect your interests. This usually means keeping a copy of the legal papers in your case for several years, in case you need them for some reason, or sending notice to you to explain how you can get a copy of your file from the lawyer.

    Every person and every case is unique and the information I provide on this forum is not a substitute for... more

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