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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-17-2008, 10:15 AM
Deputy Daddy Deputy Daddy is offline
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Default Lawyer quitting?

Hey All,

I have one of those cases where I'd do almost anything to get this over with but my ex is dragging it out with unreasonable demands that make absolutely no sense at all and simply waste time.

About 3 months ago I made a desperate proposal to settle everything that was very generous but, again, she refused and responded with the usual nonsense. With that rejection my lawyer said there is nothing left to do but go to trial and we have a case conference scheduled for Monday to set a trial date. My lawyer, by the way, is fantastic and really looks out for my best interests in the sense that she always has me weigh the potential gains from a battle with what it would cost to fight it.

Well, yesterday I got an email from my lawyer saying that her lawyer made a "motion to withdraw" citing an inability to agree on the management of her case. My lawyer suggests the ex's lawyer is saying "I've given you advice, you refuse to take it, so I don't want to waste my time anymore".

Is this a common thing? It sounds like it is quite a procedure to withdraw and she can't just "quit" without getting the court's permission. I'm sure this will help my case but was wondering if anyone else has had this happen. Can she just represent herself and save the legal fees? Will she maybe have trouble hiring a new lawyer now? Any thoughts or experience with this?

Thanks.
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Old 10-17-2008, 10:46 AM
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Quote:
Originally Posted by Deputy Daddy View Post
Hey All,
Is this a common thing? It sounds like it is quite a procedure to withdraw and she can't just "quit" without getting the court's permission. I'm sure this will help my case but was wondering if anyone else has had this happen. Can she just represent herself and save the legal fees? Will she maybe have trouble hiring a new lawyer now? Any thoughts or experience with this?

Thanks.
Well basically, yes. Once you/your lawyer accept that you will be working together the lawyer files with the court that you have them on retainer. Then once they or you have decided that they can no longer help with the case, (or things have resolved), the lawyer must remove the retainer status from the court. So they must do the paper work to say that they no longer represent you and why. They cannot just bail on you at a whim.

This will indeed help your case; & your lawyer will probably use the lawyer's reason for withdrawal to circumvent any stall tactics on her part in the future.
The courts may grant her an extension to gain council once again, but given her history they will not be very flexible or likely to cut her any slack/breaks
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