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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8763
Experience:  30 years of corporate, litigation and international law
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My questions below are all in regards XXXXX XXXXX RCP for a

Resolved Question:

My questions below are all in regards XXXXX XXXXX RCP for a personal civil case...

1) What are the FL Rules (and which section) in regards XXXXX XXXXX proper procedure for a defendant's lawyer to withdraw from a case?

2) If a hearing on a case matter has been set, can a defendant's lawyer motion to withdraw 4 days before the hearing and simply not appear at the hearing?

3) Does a hearing on the lawyer's Motion to Withdraw need to be set before official withdrawal can occur? (can you state the FL RCP section for this?)

Thank you.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

Is the lawyer withdrawing or are you firing him? If he is withdrawing what is the reason given? Is your hearing 4 days away?

Customer:

This matter is in the past... and is confusing.

Customer:

This matter is in the past.... and confusing.

Customer:

Hear is an issue with background details. At a hearing in the past (that had been schedule a few months in advance), defendant's lawyer did not appear. No motion to withdraw was filed prior to the non-appearance. The judge phoned the lawyer at the hearing. Lawyer said We had told the defendant a day or two ago that we were withdrawing. The judge said, But no motion to withdraw was filed and a motion is required before withdrawing. Lawyer said we didn't have time to file before the hearing. Judge said would you like to withdraw by an oral motion now. Lawyer said yes. Judge then approved, and told them to file a written motion for record. ( 1.) Was that action by the judge and defendants' lawyer proper (legal) Fl procedure? (2.) Can that action be challenged? Thank you

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8763
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 5 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

I'm sorry, I don't think my reply was received. Sending again to be sure.


Thanks.


 


It was a recent hearing (that had been scheduled a few months in advance), defendant's lawyer did not appear. No motion to withdraw was filed prior to the non-appearance. The judge phoned the lawyer at the hearing. Lawyer said We had told the defendant a day or two ago that we were withdrawing. The judge said, But no motion to withdraw was filed and a motion is required before withdrawing. Lawyer said we didn't have time to file before the hearing. Judge said would you like to withdraw by an oral motion now. Lawyer said yes. Judge then approved, and told them to file a written motion for record.


(1.) Was that action by the judge and defendants' lawyer proper (legal) Florida procedure? (2.) Can that action be challenged?
Thank you

Expert:  Richard - Bizlaw replied 1 year ago.

FL Rules of Judicial Administration Rule 2.505(f)(1) governs withdrawals. It provides as follows: "(f) Termination of Appearance of Attorney. The appearance of an attorney for a party in a proceeding shall terminate only in one of the following ways:

(1) Withdrawal of Attorney. By order of court, where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client, such motion setting forth the reasons for withdrawal and the client's last known address."

 

Motions can be made orally so the court could handle the matter orally. The critical issue is whether the client was prejudiced by the court's action. The only person who has standing to complain is the client. No one else has standing to object. If the client feels he or she was prejudiced, they should object at the time. If they object and the court allows the withdrawal without for example giving the client time to locate additional counsel, if the client loses the case, this would be a ground for appeal. If you have more questions, let me know.

Customer: replied 1 year ago.

1) Withdrawal of Attorney. By order of court, where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client, such motion setting forth the reasons for withdrawal and the client's last known address."

Thank you. ....

 

This section says, "upon Motion" and hearing... does said Motion to withdraw need to be FILED, and filed BEFORE the time a case matter is scheduled for hearing?

 

And regarding -- "on notice to all parties and the client" -- Defendant received no written notice prior to the withdrawal. No motion had been filed. No hearing had been scheduled The judge said at the hearing that a filed motion was "required". 1) Under Fl rules What is the required advance timeframe for said "notice" to be issued? (2) Is said "notice" required to be provided in writing to the parties in advance of being heard by the judge?

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