Is there a penalty for my representation to quit my case?

Question

Is it illegal for an attorney to step down from being my attorney without going up under a judge for a hearing? Is it illegal and what are some penalties?

Bernard Huff · Answer

Check with the local bar association for a reply.

A. Woska · Answer

The contract you signed with your attorney should contain the provisions necessary to enable either of you to terminate your relationship. If it is silent please allow another lawyer to look at the contract.

Mark Leonardo · Answer

There are not enough facts to fully understand what happened here.  An attorney may withdraw from representing a client but needs the client to sign off by executing a Substitution of Attorney form.  If the client refuses to sign, the lawyer can make a motion to the Court to withdraw as counsel.  These are routinely granted but sometimes the Court will be particular if an attorney is getting out shortly before trial.  Likewise, a client can withdraw and get a new attorney at any time.  I am not aware of any penalties unless the attorney withdrew from the case in some inappropriate manner, like forging your signature on the Substitution form.

David Stoddard · Answer

It depends on what type of case you have and perhaps other circumstances. For example, when representing a client before the Social Security Administration, the attorney can terminate representation by sending a letter to the Administration stating that he/she is no longer the attorney. Sometimes in criminal court, the attorney can simply notify the Solicitor's Office.  Normally in Civil Court or Family Court, you must obtain a court order to be relieved.  The penalties could vary.  For example, if you are in Family or Civil Court are not relieved by the court, then you are still the attorney of record.  If a hearing is scheduled and the attorney doesn't show up, the judge might sanction the attorney in some way.  If the attorney quits working on your case without being relieved, the S.C. Office of Disciplinary Counsel could seek sanctions including private reprimand, public reprimand, and disbarment.

Gregory Casale · Answer

If he has filed an appearance then he needs the judge to allow him to withdraw. If he has not filed an appearance he may withdraw without anyone's permission. If you have paid him, he is entitled to be compensated for the time he has put into your case and he must refund the difference. You really havent' provided enough facts for a more detailed answer.

Francis Paul Hajek · Answer

There is no penalty for an attorney withdrawing from representation.  It is also not illegal.  You can hire or fire an attorney as you wish.  Likewise, an attorney can decline to represent you.  If you believe you have suffered some prejudice in your case because of the timing of the withdrawal, then you should take this up with either the attorney or the court (if the matter was in suit).

Earl Straight · Answer

If there is a lawsuit pending then your attorney must get a judge to sign a withdraw order allowing your attorney to cease representing you.  If no lawsuit is pending, then your attorney does not need a judge to approve of his withdraw.

Lyle Masnikoff · Answer

No.  Depends on why they withdrew.  It could affect how much fees if any they get later.

Jared Altman · Answer

A lawyer can only exit a court case once he has appeared by court order, substitution by another attorney, revocation or suspension of his license to practice law, disability or death. If he just stops working for you and fails to show up in court that is an ethical lapse and he can be held accountable before the disciplinary authorities and be sued by you for any damages you sustain.

Michael L. Aaronson · Answer

Once an attorney enters his appearance as your attorney of record, he cannot with draw unless you sign something giving him authority to do so or, if you don't, he must give you notice of the hearing so that you have an opportunity to tell the judge why you are opposed.

Timothy Klisz · Answer

They need your consent or the Courts permission.  Those are the two ways  out.

David Craig · Answer

If a lawsuit was filed on your behalf an attorney would actually have to get a judge's permission to quit representing you.  However if your case was not yet filed then the relationship is governed by your agreement. Most Professional Fee Agreements allow an attorney to withdraw her/his representation for numerous reasons.  Regardless it is not illegal for an attorney to quit representing you and there are likely no penalties. You should immediately contact another attorney to discuss your on-going legal needs.  There may be dead-lines that you need to meet.

Thomas Bulman · Answer

No.  Sometimes a judge will force a lawyer to keep representing a client.  Why is your lawyer quitting?

Steven D. Dunnings · Answer

If the attorney filed an action in court, then he would need a court order allowing him/her to withdraw from further representation of you in the case. If no case has been filed, then yes., he can withdraw

Jami S. Oliver · Answer

An agreement between a lawyer and a client is a contract. Most fee contracts have a clause in them stating that either party may end the contract with reasonable notice to the other. In Common Please courts, there is no requirement that a judge approve a withdrawal. However, an attorney should generally give you sufficient notice to find alterative representation so as not to cause harm to your case.

Andrew Velonis · Answer

It depends how far your case has gone:  if it is just a matter of letters and phone calls, you can demand that your attorney turn over your file, and go to another lawyer.  If papers have been filed with the court, then you have "an attorney of record" who would need permission from a judge in order to withdraw.

Paul Whitfield · Answer

Is this a pending piece of litigation? Was a lawsuit filed? If so, the judge would have to sign off on it if you do not agree. Penalty for what? There is no penalty for withdrawing. All of these things should be in written form and signed by you at the time you employed the lawyer. And it depends on your behavior as well. If you will not follow his advice or are misbehaving in any way he is bound to withdraw

Eric Rothstein · Answer

If the case is already in suit, the attorney cannot withdraw unless a judge signs an order or you sign a consent to change attorney form.  If the case is not in suit, most retainers have a subject to investigation clause and the attorney can likely withdraw any time except that the attorney cannot abandon you too close to the statute of limitations.

Andrew Myers · Answer

The answer depends on the circumstances.  My fee agreements include a provision allowing me to withdraw at any time should I determine that the case is not materially as initially represented to me.  Case represented as good case turns bad, I'm out.  No judge needed.  Only exception would be if withdrawing from representation would prejudice client.  Again, this is very general and may or may not apply to the specific facts of your case whatsoever.  If it is an hourly case and client stops paying, attorney is out.  If case is in litigation, then a withdrawal must be OKed by the court, but NH is more accepting of withdrawals than other states.

James Kelaher · Answer

An attorney only has to get permission from a judge to withdraw after he has appeared in the litigation involving the client. I am unable to answer your question about penalties, but I would imagine the state bar association would not look favorably upon an attorney who withdraws from representation without court approval once he or she has appeared in the litigation.

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