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How do you Oppose a Motion to Withdraw that was requested orally without any written notice, lied to the court and was allowed ?

Marshfield, MA |

My original attorney took personal injury case on contingency, filed Complaint 93A/176D and Breach of Contract in Mass Superior Court that remanded to District Court. Subseqently, filed an Arbitration, prevailed received $23,000.00 in fees and agreed to finish the court case at no further cost to me but retired & abondoned me for 1 yr. He was ordered to court with counsel, was accessed costs and ordered to provide successor counsel to finish case. He retained successor counsel in court to finish case to the end at no cost to me. A dubious financial arrangement was made whereby he gave 1000 of his cases to succssor counsel on contingency 70 % provided he finish my case debiting legal fees from his 30%. He renaged, lawsuits were filed and successor counsel Withdrew without notice after 7yrs

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Attorney answers 1


You can file an opposition to that motion to withdraw and if any hearing is scheduled go to that hearing. If you have any complaints about either of your attorneys for any ethical violations you can file a complaint with the Board of Bar Overseers and if you want to take further action you should consult an attorney about any possible legal malpractice claims. For now, oppose the motion and you may want to call the clerk's office where the motion was made and ask if there are any local procedures for handling such an opposition. Generally when an attorney seeks to withdraw it must be for a really good reason such as he or she is morally opposed to a position you want to take with your case or you are using the services provided by your attorney for illegal purposes, for example. A client on the other hand can generally fire his or her attorney for any or no reason. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.