How do I successfully object, on intent to withdraw?
I received an email yesterday on intent to withdraw.
I have a civil suit in King County Superior Court, with a February 2020 court date.
The deadline to request a change of court date was in November 2019.
To the best of my knowledge my account is current. I was paying twice a month to keep up with the bill able hours.
Uncertain here, but it appears to me my counsel was unable to reconcile the empirical evidence against opposing counsels statements (and no evidence provided by opposing counsel) in failure of fiduciary duties.
I was never advised that anything was out of order on my side. Or that I outright failed to perform anything required of me. There was a delay opposing counsel attempted to attribute to me, but I was not provided any lead time as required, and ultimately it is of minor, if any consequence to either side (in a timeline).
3 attorney answers
"I received an email yesterday on intent to withdraw." The rules governing attorneys require a specific way for an attorney to give notice of an intent to withdraw. Sending an email does not comply with those rules.
While the court does have the power to order an attorney to stay on a case, the courts generally do not order an attorney to stay on a civil case when the attorney no longer wants to be on the case.
If you want the court to order your attorney to stay on the case, you need to set a motion asking the court to order the attorney to stay on the case.
Do you really want to be represented by an attorney who doesn't want to represent you? How hard is he/she going to work for you under those conditions?
As Attorney Alexander has suggested above, you should try to find a new attorney. Now.
In the mean time, file a written objection to the notice to withdraw, and explain the pending court date. It would be harmful to your case to have your attorney pull out at this time.
Be aware that this response does not create an attorney/client relationship. I live and work in Massachusetts and may or may not know the local laws where you live. I hope people find my responses not only helpful but somewhat entertaining as well. If you rely on this as legal advice, remember the old saying, "You get what you pay for."
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Normally a written objection stating the client would be unduly prejudiced by the withdrawal. Then the matter could be heard at a hearing.
In reality you do not want a lawyer who does not want to try your case. Start interviewing new lawyers sooner rather than later. The withdrawal may be grounds for a continuance motion by your new lawyer.
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