More details to this question:
I hired an attorney to represent my son in two cases. He was being held in federal lock up for transportation of illegal aliens, long story short, he got caught up in a Mexican Mafia case. He cooperated and helped prosecute 18 members. His life is in jeopardy. His attorney refused to help in his safety and or his location. I contacted the US Marshal and wrote to the federal judge, seeking help to keep my son safe. The attorney is mad, because I sought help and sent emails stating the facts. The attorney has been paid and now threatens to withdraw in the state matter. I need help, can he do this?
25 ANSWERS
Steven D. Dunnings
Yes.
Answered on Jun 02nd, 2013 at 9:49 PM
Samuel H. Harrison
Yes, he can do this.
Answered on Jun 02nd, 2013 at 9:46 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. He can if the judge will let him.
Answered on Jun 02nd, 2013 at 9:43 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 02nd, 2013 at 9:43 PM
You should examine what the wording of the retainer agreement states between you and your son's attorney in this matter. If the retainer agreement only covers the federal case, then you have not necessarily retained him on the state matters. Additionally, most retainer agreements will also state that the attorney has the right to withdrawal from representation. That said, if this case has already begun in state court, he will need to get the judge's approval to have him removed as attorney in the case.
Answered on Nov 14th, 2011 at 3:45 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Assault Attorney serving Richardson, TX
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If he has been paid in full for a trial he should refund what ever portion of the money has not been earned or continue to represent him. The court does not have to let him withdraw if he has been paid.
Answered on Nov 14th, 2011 at 1:01 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Yes, the attorney can withdraw. What was done was against advice or without advice of counsel and sounds like was detrimental to the defense of the case. Either way, it affected the attorney client relationship in a negative way, at least from the point of view of the attorney. You cannot force the attorney to continue representation. I hope that this was helpful.
Answered on Nov 14th, 2011 at 11:36 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Usually retained attorneys can withdraw for any reason deemed to be "good cause." He would have to make a motion infront of the judge citing the reasoning and it would be up to the judge to decide.
Answered on Nov 14th, 2011 at 11:22 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It sounds like what you are asking the lawyer to do "help in his safety and or his location" is beyond the scope of the retainer. In other words, you may have only retained counsel to defend him in court. If that defense resulted in a client turning State's evidence and now the client is being protected and in the custody of the US Marshals, whatever happens subsequent is not the lawyer's responsibility. A lawyer has no say on where the Marshals place someone in witness protection. Indeed, no lawyer can ever be retained to keep his client safe. All we do as attorneys is represent persons against the charges.
Answered on Nov 11th, 2011 at 2:03 PM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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A lawyer can withdraw from representing your son with the permission of the court if there is a court proceeding pending. If there is no proceeding he can simply quit but must return any unearned part of the retainer you gave him.
Answered on Nov 11th, 2011 at 1:56 PM
2 Awards
The attorney should not withdraw if he has been paid in full and there are no conflicts.
Answered on Nov 11th, 2011 at 9:50 AM
An attorney can seek permission from the court to withdraw as counsel in a case. Unless you consent, there would be a court hearing and the judge would have to decide if withdrawal is appropriate. From a practical standpoint, do you want an attorney who does not want to work on the case.
Answered on Nov 11th, 2011 at 9:30 AM
An attorney must ask the court for permission to withdraw if there are issues pending. If there is a dispute between the attorney and the client the court will usually allow the attorney to withdraw. However, if he has not done the work you paid him for he will usually have to refund what money he has not expended. Your son would probably qualify for court appointed representation. Good luck.
Answered on Nov 11th, 2011 at 9:12 AM
The lawyer may need to get permission from the judge to withdraw from the case. In any event, if he withdraws he may need to return some of your money.
Answered on Nov 11th, 2011 at 8:58 AM
Depending on what stage the case is at, he may be able to withdraw. It is not a good idea to bypass your lawyer and speak directly to the US Marshal or Judge. I don't know any attorney who would appreciate that. Your attorney is supposed to be part of your team, and you should consult him/her about everything regarding the case.
Answered on Nov 11th, 2011 at 8:51 AM
Michael J. Breczinski
I am not getting the facts right or have enough to anwer the question. Did the attorney not want his client in witness protection because it would interfere with him being able to see him to represent him. There is something that I am not getting.
Answered on Nov 11th, 2011 at 7:49 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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In criminal cases, generally, the attorney must get the consent of the court/judge, before he/she can withdraw. However, this is generally not too difficult, especially if the attorney feels he cannot effectively represent the client. I am somewhat concerned about your actions, in that, while you may believe them to be innocent, you may have compromised the ability of the attorney to work with and represent your son. I do not know the facts of the case and your information does not give me enough info to advise further than what I have done. The other thought that comes to mind is, exactly what type of case was the attorney hired to do? Sounds like your son's issues may have changed and then the question comes, "Does the attorney have the knowledge and skill to represent your son. Was the attorney hired to handle state cases? If so, the federal government involved, the representation goes from state court to federal court. Perhaps the attorney is not licensed to practice in federal court.
Answered on Nov 11th, 2011 at 3:19 AM
Geoffrey MacLaren Yaryan
Your attorney is bound by the retainer agreement you signed with him.
Answered on Nov 11th, 2011 at 3:18 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Yes an attorney can withdraw for many reasons, governed by rules of professional conduct. One of the most important rules is that withdrawal can not do harm to client. However if a permitted reason exists then you should be entitled to a breakdown of attorney time and possibly a refund if retainer was greater than time worked.
Answered on Nov 11th, 2011 at 2:27 AM
3 Awards
He can withdraw, but will probably have to give you his money back.
Answered on Nov 11th, 2011 at 2:26 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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He can but it depends on his reasons why and what his retainer agreement states. There may be facts that you have made public that can put your son's case, and safety, at jeopardy. An attorney can never guarantee a prisoner's safety as that is up the U.S. Marshall and facilities where the defendant is housed. If you are not happy with the attorney, look for someone else but in the future do not do things yourself as they can prejudice the case.
Answered on Nov 11th, 2011 at 1:58 AM
Daniel Kieth Martin
You never should have communicated with the judge or us attorney. You should have tried to talk to the jail. Our write letters to the jail. Statements made by the defendants mother are pretty persuasive, the prosecutor is trying to help your son, they are trying to put him away for rest of his life. The judge is not trying to help him either, his job is to make sure that the prosecutor follows the rules while he is putting your son away. The attorney can withdraw if the judge let's him. You may be entitled to get some of your money back.
Answered on Nov 11th, 2011 at 12:38 AM
Basically, yes. An attorney can withdraw just like you can fire an attorney for any reason and get new counsel. You can, however, ask for any money he has not used in your son's representation.
Answered on Nov 11th, 2011 at 12:37 AM
Criminal Defense Attorney serving Minneapolis, MN
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Meshbesher & Spence, Ltd.
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An attorney cannot withdraw from representation without a very good reason, i.e., he hasn't been paid, client won't cooperate or has lost touch with lawyer, physical threats or complete inability to get along. The reason you describe does not provide such reason in my opinion.
Answered on Nov 11th, 2011 at 12:36 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes but he needs to refund unused portion of fee. If he refuses report him.
Answered on Nov 11th, 2011 at 12:36 AM