QUESTION
Filing change of Attorney with the Court
Asked on Apr 04th, 2016 on Residential Real Estate - Utah
More details to this question:
An attorney we asked to represent us in a probate issue withdrew from the case without informing us. We only learned this when we received a letter from opposing council. The letter says we need to contact the court within 14 days. The courts sent the case to mediation. We are thinking our attorney withdrew because we don't need him for mediation. Do I simply write a letter to the court saying he is no longer representing us?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Based on what you say (as I cannot see the documents), the opposing counsel sent you a Notice to Appear or Appoint (as required by the court rules). If I am correct, you need to read that Notice closely, for it should state what you need to do. If I am incorrect, then I don't know what opposing counsel sent.
Either way, you need to hire new counsel; I am a strong believer in having counsel present at mediation. Plus, most of the mediators I work with will not allow a final agreement without the input of the counsel of record. Having your attorney at mediation helps you understand what is going on, and what is best for you in light of your goals.
Should you wish, I may be able to assist you.
David R. Hartwig
Answered on Apr 05th, 2016 at 7:52 AM