An attorney who was representing the plaintiff in a case where I am the defendant said he no longer represents the client. I told him he had to file a motion to be removed because his client is MIA and I want the case dismissed. He ignored me. I said he has a duty to formally notify the court and let them know that his client skipped and to ask the court to remove him as counsel of record. He has taken no action. What can I do?
An attorney has no duty to follow the advice of a layperson not his client. What can you do? That depends on facts you have not posted. If you have gounds to have the case dismissed, move the court for dismissal.
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I agree with the prior answer. Plaintiff's counsel will not take directions from the Defendant. Ever. If you want the case dismissed then file a motion.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Simply file a properly written motion with the legal authority that requires dismissal.
You may need to first have the opposing party in default, such as for failure to answer discovery.
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