QUESTION
Is it a legal requirement for my attorney to file a motion to withdraw the action if I terminate her services?
Asked on Sep 19th, 2013 on Child Custody - New Mexico
More details to this question:
My attorney has been negligent in her duties, as it has been over 20 months since I paid in full for her services to file for a child support change of venue and pursue an adjustment in the amount of child support I receive. In the nearly two years nothing has occurred but filing the case.
5 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
at
Utah Family Law LC
Update Your Profile
In Utah, unless you have a new attorney whom you have hired file a "notice of substitution of counsel" with the court, then your fired attorney does need to file either a notice of withdrawal of counsel or she needs to file a motion for leave to withdraw as counsel. If you have a new attorney who has filed a "notice of substitution of counsel" with the court AND who has notified your old attorney of the substitution of counsel, then your fired attorney does *not* need to file any kind of withdrawal of counsel.
Answered on Sep 23rd, 2013 at 12:41 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Yes, your attorney must move to withdraw.
Answered on Sep 23rd, 2013 at 12:25 PM
Car Accidents Attorney serving Milwaukee, WI
at
Velez, Moreno & Vargas, LLC
Update Your Profile
If you and your attorney agree to terminate the attorney's representation, you can file a stipulation & order for attorney withdrawal with the Judge presiding over your case.
Answered on Sep 23rd, 2013 at 9:05 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
The court needs to be aware and approve the withdrawal.
Answered on Sep 23rd, 2013 at 8:48 AM
Children Law Attorney serving Albuquerque, NM
at
Law Office of Jay R. Mueller
Update Your Profile
Contact your attorney and find out why nothing has been done. If in deed nothing has been done, you should terminate the attorney. If you still have concerns, you could contact the Disciplinary Board of the State Supreme Court.
Answered on Sep 23rd, 2013 at 8:47 AM