QUESTION
If my wife's attorney gave notice of motion to withdraw as counsel, what can we do?
Asked on Sep 11th, 2013 on Personal Injury - Oklahoma
More details to this question:
In a car accident that ocurred on May 21, 2011, a complaint was filed on behalf of my wife on May 23, 2013 in connection with the accident. On September 11, 2013, we received a letter from the Superior Court which said that our lawyer filed an application for an order permitting him to be relieved as her counsel. He said that my wive failed to meet him in order to answer interrogatories and respond to Notice to Produce. He never sent any kind of notice to meet him and when we call to know how the case was, he always refuse to answer and give us an appointment. What we can do? Thank you.
11 ANSWERS
Ronald A. Steinberg
Get another lawyer. Do it immediately. The lawyer has the right to withdraw, just as you have the right to fire him.
Answered on Sep 17th, 2013 at 1:39 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Tell it to the Court in a Certification.
Answered on Sep 13th, 2013 at 3:13 PM
Show up at the hearing on the motion and tell the Judge your side of the story.
Answered on Sep 13th, 2013 at 3:13 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You are entitled to appear @ the Motion to Withdraw and tell the Judge your side of the matter, but most likely what will happen is that the attorney will be allowed to withdraw if there are no immediately upcoming dates/deadlines and you will be given time to find new counsel. It would be important for you to tell the Judge how much time you will need to find a new attorney and for that attorney to familiarize themselves with the case and be ready to proceed. You should preemptively speak with your current attorney and see if there was a communication/address error and see if the relationship can be mended/discovery fixed and/or if that's not in the cards, you should be seeking out replacement counsel now before the Motion. If you have someone willing to step in, the Motion can be canceled and a Substitution of attorneys filed.
Answered on Sep 13th, 2013 at 3:12 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should consult with another attorney immediately.
Answered on Sep 13th, 2013 at 3:12 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Since your wife's former injury lawyer has withdrawn as counsel, your wife should promptly contact another injury lawyer to represent her in the car accident case. The new injury lawyer will request a complete copy of your wife's case file from her former attorney, and will file a "Notice of Appearance" with the Court, and then move the case forward in litigation. Best of luck to your wife and you on the case.
Answered on Sep 13th, 2013 at 3:12 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suspect the lawyer has another view of the case. hire another lawyer. you may not have much of a case otherwise he would likely not withdraw lawyer normally withdraw when clients don't follow their advice or don't pay them. they don't withdraw for NO REASON.
Answered on Sep 13th, 2013 at 3:12 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Contact the lawyer and discuss the issue, convince him you will co-operate, and explain he never asked for you to help with the interrogatories, or see if he will withdraw his motion, or get another attorney. My guess is, he has decided he doesn't think much of the case, or he would stay on it.
Answered on Sep 13th, 2013 at 3:11 PM
Thomas Edward Gates
Retain another attorney. Get your case file from your former attorney. You could refuse to let him resign, but that would not be in your best interest.
Answered on Sep 13th, 2013 at 3:11 PM
Secure new counsel. Do not attempt to proceed on your own. The other side will have counsel. So should you.
Answered on Sep 13th, 2013 at 3:11 PM
James Eugene Hasser
It sounds like you need to get another lawyer.
Answered on Sep 13th, 2013 at 3:11 PM