QUESTION
Is a case on hold if your attorney withdraws as counsel and for how long is the matter stayed?
Asked on Jun 24th, 2013 on Estate Planning - California
16 ANSWERS
No, the matter is not stayed unless the Court makes a ruling. You could request a stay until you get replacement counsel.
Answered on Jun 25th, 2013 at 4:27 PM
Depends on the type of case and what has happened so far. If it is delayed, it will likely not be for long.
Answered on Jun 25th, 2013 at 1:03 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Most likely, the answer would be yes. It depends on the judge, however. Most judges try to move things along, and having a case sitting stale on their docket is not going to help them do this. They will likely give you a reasonable time to find a new lawyer. But they are not going to just let things sit, indefinitely, particularly if the judge thinks you are trying to play games.
Answered on Jun 24th, 2013 at 10:06 PM
Generally an attorney cannot withdraw without reason a reason might be non-payment of legal fees. His or her withdrawal should not effect the time delay.
Answered on Jun 24th, 2013 at 10:06 PM
3 Awards
No, you need to proceed pro se (on your own) or retain counsel immediately.
Answered on Jun 24th, 2013 at 2:39 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to look at the case to determine if case is on hold; only the court can put the case on hold. Your rights may be affected by the attorney withdrawal,, if a court hearing is upcoming. So time is of the essence.
Answered on Jun 24th, 2013 at 2:38 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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It is not stayed at all although any trial date may be reset.
Answered on Jun 24th, 2013 at 1:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Normally on the withdrawal of attorney you are given 30 days to obtain counsel.
Answered on Jun 24th, 2013 at 12:28 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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No, a case is not on hold just because your attorney withdraws. All of the same dates and deadlines still apply. You can ask the judge to give you some extra time, but judges often deny these requests.
Answered on Jun 24th, 2013 at 12:24 PM
Thomas Edward Gates
For a reasonable period for you to retain an attorney and for that individual to get familiar with your case.
Answered on Jun 24th, 2013 at 11:20 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Depends what the court order says. Review the court order and ask the withdrawing attorney if you're not sure.
Answered on Jun 24th, 2013 at 10:58 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Depending on type of case, court should give you time to retain other counsel but to a degree. It will be held forever.
Answered on Jun 24th, 2013 at 10:57 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It is up to the judge. Usually the new substituted counsel will make a request and it is up to the judge to decide.
Answered on Jun 24th, 2013 at 10:57 AM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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Usually two weeks, at most 30 days.
Answered on Jun 24th, 2013 at 10:57 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Your attorney has to notify you of any court dates on your case. The case is not on hold. You are representing yourself and you are responsible to attend any court dates in your case.
Answered on Jun 24th, 2013 at 10:57 AM
2 Awards
It is not stayed at all. You are considered to represent yourself and follow all deadlines.
Answered on Jun 24th, 2013 at 10:56 AM