What Is A Motion To Withdraw?

By Robin Roshkind, Esquire, West Palm Beach, Florida

       When an attorney takes a case, and files any pleadings in the court, the attorney becomes the “attorney of record” and has a legal obligation to represent the client.  Along with that obligation goes liability.  Sometimes in the course of the representation, things occur which preclude the attorney from continuing with the matter.  If that should occur, the attorney has to withdraw from the representation and the judge has to rule that that is ok to do so.  Until such time as a court order is signed by the judge allowing the attorney to withdraw, the attorney has to represent the client even if the client does not want the representation.

There are several instances which kick start an attorneys  motion to withdraw as follows:

1.  The client terminates the lawyer.

2.  The client cannot or refuses to pay the attorney.

3. The attorney and client can’t agree to a course of action in the matter.

4.  The attorney terminates the client for not following advice, not cooperating in production of documents or some other reasons.

5.  The client loses confidence in the lawyer’s ability to represent him/her.

The lawyer must file a motion to withdraw and if there is nothing presently pending before the court like a final hearing or some other motion, the court will allow the lawyer to withdraw from the representation.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.


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