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.