QUESTION

Do I have to attend the hearing if my attorney is petitioning the judge be released as my attorney?

Asked on Jan 20th, 2015 on Foreclosures - Florida
More details to this question:
We are in the 2nd month of a trial modification. We have already paid the attorney $6000.00 for the past two years and just signed a new retainer agreement for another $3500.00. The attorney wants to come off the case because we could not pay the $500.00 fee that is due.
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1 ANSWER

I'm assuming from your description this is a defense of a residential foreclosure.  In such case, is it necessary that you attend the hearing on your attorney's Motion to Withdraw?  No, it will go forward without you.  And you should receive a copy of the Order.  If you have some legitimate argument why your attorney should remain on your case, you may attend and make that argument, but in my experience these are routinely granted.  Usually, you'll be given 20-30 days to find a new attorney.  And let me give a word of caution - your trial modification can easily drop off (generally because of an issue on the bank's side) and you'll find your Court case steaming forward to a judgment.  If you like your attorney and it is just a matter of the fee, you might see if there's something you can work out at least until the modification is permanent or the case is dismissed.  Again, this is just a caution from my experience seeing these trial mod situations where a court case is also pending.  That said, to answer your questions specifically, the hearing to withdraw will move forward without you (as long as you've received notice of it), but make sure to obtain the order so you know exactly how long you have should you want to obtain new counsel.
Answered on Jan 21st, 2015 at 6:51 AM

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