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Can a lawyer just withdrawl from a case that he has been handling for 2 1/2 yrs & not help with getting another lawyer.

Roselle, IL |

My lawyer withdrew from my case of 2 1/2 yrs because the opposing council decided to have it transferred to Federal court to more or less just have it dismissed (as my lawyer stated) because they knew he did not practice in Federal court but only state court. My lawyer knows the financial situation I'm in and he tells me to go get a lawyer that feels comfortable in federal court & then tells me I have 30 days to obtain another lawyer berfore my case goes into default. I am having a terrible time getting another lawyer to take my case. Do lawyers not take on cases that have already been ongoing? & shouldn't of my previous lawyer found someone else for me & had it transferred. I thought of going to the bar to question this. Thank you.

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Attorney answers 2

Posted

If it's been transferred to Federal Court, then it's out of his hands. If you reside in a small county, jump in your car and head for the nearest major city to grab someone who has a federal license. Hint: Anyone who practices bankruptcy law MUST have a federal license.

Hope that helps.

Posted

I'm not sure I agree with the prior response in its entirety.

Without knowing more about the nature of the case, the type of fee agreement, your discussions with counsel prior to filing, etc. it may be difficult to express an opinion.
One question you might have for your current attorney is what actions he can take to make sure that you have additional time to find new counsel.

Also, I don't know why you are having trouble finding a new lawyer, and what connection there might be to a perception that you are going to have a difficult time prevailing.
However, while time is passing, you might contact an attorney in your area & state, to find out how to best protect yourself, even if the attorney can't take on the case in federal court for you.

Sorry you are having this experience, but I wish you the best.