Can an attorney drop you without giving proper notice?
State/Country relating to question: Arizona
Please explain what happened in a little more detail? What type of notice did they actually give you?
My son was just informed by a forensic counsellor who has been appointment to a legal custody case his attorney is planning on filing a motion to remove herself from his case. We have no idea why. The step-father has been substantiated at abusing the child. He goes to court on Tuesday. We are panicked!!!
The attorney can FILE a motion to withdraw, but the rules of professional conduct state the court does not have to permit the withdrawal if it will cause a material prejudice to the client. As far as giving client notice, the rules state she was supposed to give him some notice she would be filing the motion and if she failed to do so 1) it is grounds to file a complaint against her to the state bar and 2) it is grounds for him to object to the motion in court based on her failure to give notice and based on her withdrawal causing him material prejudice to his case. The attorney would have to prove to the court that she is unable to properly communicate with the client, the client is being unreasonable based on the law or some very material reason why she needs to withdraw from the case and why she did not give him notice. However, realize the notice she was withdrawing does not have to be anything elaborate, if she verbally told him she was withdrawing that would be sufficient. Also, this type of violation is something that typically results in a verbal warning from the bar or court and the court can deny her request to withdraw and force her to continue representing him.
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