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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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Motion to withdraw counsel

Resolved Question:

How do I respond to a request for a motion to withdraw counsel? Do I automatically accept it?

Submitted: 4 years ago.
Category: Family Law
Expert:  Legalease replied 4 years ago.

Hello there

 

Is this your own lawyer?

 

If so, will you be left without a lawyer after the withdrawal?

 

 

 

---MARY

Customer: replied 4 years ago.
Hello! No it is not my own lawyer. It is the lawyer of the opposing party. I am concerned that if said opposing counsel withdraws the opposing party will attempt to turn the proceedings into a 'circus'.

Background: The opposing party filed multiple motions without the consent or agreement of the opposing counsel. Opposing Counsel wants to file an agreed motion to withdraw. Motions filed by opposing party also mention opposing counsel and some statements made by their counsel.
Expert:  Legalease replied 4 years ago.

Hello again

 

Even worse. If it is the other side's counsel who wants to withdraw then you really have no say in the matter and while you can appear in court to object to the withdrawal, it most likely will not do you any good and if the opposing counsel really wants out of the case then the judge will let him/her out of the case (sorry).

 

 

---MARY

Customer: replied 4 years ago.
OK thanks. Can I file a modification of a response already filed with the court? If yes, what do I name this response so that that the court knows that it should use this response in lieu of my earlier response?
Expert:  Legalease replied 4 years ago.

Hello again

 

Yes -- you call it First Amended XXXXXXXXX (whatever the document name is XXXXX XXXXX example First Amended Motion to XXXXXX).

 

 

--MARY

Customer: replied 4 years ago.

Got it and many thanks.

One last thing, one of my repsonses is on a motion to change venue from the opposing party which I object to. I have 2 questions:

1.Do I have to include a sworn affidavit in support of my response?

2.The opposing party sent only 1 sworn affidavit- their own. Is it also one of the valid defenses from me that they did not comply with the TX rules of civil procedure and include at least 3 other affidavits by credible persons who are residents of the current county where the case is pending?

Expert:  Legalease replied 4 years ago.

Tha answers are (1) yes if you can pull one together (2) yes if it is required by the rules.

 

Just to let you know -- you really should be posting these questions separately due to the separate nature of each of them -- if you are on a subscription plan it will cost you nothing to press accept or submit on each answer posted by an expert and that is why the site likes separate questions posted separately when you have a lawsuit you are working on and you are on a subscription plan.

 

---MARY

 

 

Legalease and 7 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

Many thanks for your quick and concise response.

 

And I will post questions seperately in the future as you have suggested.