Firing Your Divorce Lawyer

by Robin Roshkind, Esquire, West Palm Beach, Florida

There may come a time when you or your divorce lawyer want to terminate the relationship.  Either you don’t agree with the strategy of your lawyer, you lose confidence in your lawyer, or you simply are not credible or cooperative with your lawyer.  You may want to “fire” your lawyer, or your lawyer may want to terminate the representation.

In either case, legal work cannot simply come to a standstill.  There may be discovery deadlines to meet, or a pleading must be filed by a certain date, even though you don’t want this lawyer on the matter any more, or the lawyer does not wish to remain attorney of record.  These obligations must be fulfilled, before the relationship can be terminated.

Further, a lawyer cannot just drop off a case.  A client cannot just say I am not paying you for anything else.  That is not how it works.  Once notice is given, either to the attorney from the client or from the attorney to the client, the lawyer must “officially” get off the case by filing a motion to withdraw.  Further, the judge may grant or deny said motion.  If is it the eve of trial and the relationship is terminated, a judge may not allow the representation to come to a halt.  He may deny the motion to withdraw, forcing the client to continue to be liable for the bill, and forcing the lawyer to finish the case in court.  Termination of legal representation is not quick and easy, nor is it automatic, no matter who wants to terminate whom. 

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.

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.

Reasons For A Motion To Withdraw: a check list.

By Robin Roshkind, Esquire, West Palm Beach, Florida

A attorney can withdraw from representing a client or a client can terminate an attorney by a motion to withdraw.  Usually, these motions are filed by the attorney when a client simply runs out of money to support the case.   There is no such thing as indentured servitude in this country anymore.  A lawyer is not expected to work for free.

But there are other reasons an attorney may file a motion to withdraw.  If they cannot get in touch with the client for a period of time;  if there is a personality conflict;  if there is constant misunderstandings or problems with communicating that does take place; if the client does not follow the lawyers advice to his/her detriment.

Clients can ask a lawyer to withdraw for similar reasons:  the lawyer never returns phone calls; does not produce a billing statement; cannot communicate effectively; client loses confidence in the lawyering; cannot afford the fees; is generally not satisfied.

Withdrawing from the case is a process and most clients do not understand it does not happen instantly.  A court hearing is required and permission from the judge by court order must allow the termination of 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.

What IS A Motion To Withdraw?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often a client will want to settle a divorce case because to litigate is very expensive.  If the other spouse does not want to settle, however, no settlement is possible.  Clients run out of litigation funds for their attorneys.  In that case, they will have to finish the matter on their own or “pro se”, i.e. without counsel.  Where misunderstandings come in, is that a client cannot simply direct a lawyer to STOP.  A lawyer is an attorney of record with responsibility to continue with the representation until a judge orders or allows the lawyer to get off the case.  This requires the lawyer to file a motion to withdraw from the representation and go to a court hearing where the judge will decide whether or not to allow the lawyer to get off the case.

This depends upon whether or not there is a trial pending, or any other action at the present time pending such as a mediation or motion hearings.  If the case is languishing, a lawyer will be allowed to withdraw, but this has to be by court order.  Until such order is entered, the client will continue to have representation whether they want it or not and they will have to pay for it as well.

For more information about this or other divorce topics, please 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.

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.