What Is A Motion To Withdraw in Florida Divorce Cases?

by Robin Roshkind, Esquire, West Palm Beach, Florida

A motion to withdraw is a vehicle used by your divorce attorney when he or she does not want to represent you any longer.  It must be filed in the court, and a judge has to rule upon the motion, either granting or denying same.

Why would a divorce lawyer not want to represent a client any more?  Several reasons:  1)  The client is not paying for legal services in advance or in arrears.  Divorce lawyers cannot serve as banks to clients so clients are required to keep funds on account.  If the account is not replenished as work is being done and fees are being earned, the lawyer is allowed to withdraw. 2) The client has lied to the divorce lawyer and got caught.  Lawyers can withdraw due to “irreconcilable differences”.  Lying is one of those.  A lawyer cannot adequately represent a client if he or she does not know the truth of the matter.  3)  The client does not follow legal advice from the lawyer causing the case to be materially effected and compromised.  4) The client and lawyer clash over a course of action.    Cooperation is key and if the lawyer and client do not see eye to eye, the relationship breaks down.

There are many other reasons why a divorce lawyer has to file a motion to withdraw.  The representation cannot just be automatically terminated, even if the client says “stop work”.    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 http://www.familylawwpb.com.


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