QUESTION

Does he need permission to withdraw when I told him he's fired from my case?

Asked on Mar 17th, 2016 on Divorce - Florida
More details to this question:
In my family law case (visitation issue), my attorney asked for additional fees beyond our flat fee, written agreement, without my knowledge and was awarded by court. He was actually supposed to ask for reimbursement of my fees already paid. The other side disagreed and asked for information about a PI case handled by another attorney in his firm, in which his $5,000 flat fee was paid from. He took my case a month before my settlement was paid and then received the money. I told him I refuse to give that information as I do not agree I owe that additional $1,600. He sent an email after I told him that, to the other attorney, without my knowledge, and gave them that information. When I questioned him about that information 6 weeks later (because the other attorney never replied to my refusal). He, at first, refused to answer about that but eventually sent me the email he sent the attorney stating he doesn't have access to it but gave her the amount paid in my PI settlement and where the money went (my medical bills paid, attorney fees and amount I received). I was furious and told him he did this without my knowledge. I was going to fire him but he told me he's withdrawing as my attorney. Is it ethical for him to do the things I described? He is asking judge for permission to withdraw but he's fired as he cannot be trusted (my case is pretty much over, there's just a half hour date as my ex attorney filed for contempt because the other side didn't pay him as the judge ordered, and final details set for my case). Is it true that he has to represent me until judge gives him permission to withdraw?
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3 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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I cannot really comment on your factual situation, as I would need to know a lot more information. However, as a general rule, once an attorney has filed their Notice of Appearance and taken on a case, they have to ask a Judge for permission to withdraw if the case is ongoing (you can't just "fire" them), and, until the Judge grants the withdrawal, the attorney still has an ethical and professional duty to continue to represent their client and protect that client's interests. Hope that helps.
Answered on Apr 25th, 2016 at 6:01 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Yes, an attorney needs permission from the court to withdraw.
Answered on Apr 25th, 2016 at 6:01 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Once an attorney has made an appearance in a case, the only person who can remove the attorney is the Judge. You have the right to fire the attorney but they are your attorney until released by the Judge.
Answered on Apr 25th, 2016 at 6:01 PM

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