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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3006
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have an attorney that is withdrawing from my case due my

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I have an attorney that is withdrawing from my case due my husband leaving me without a nickel. I have spent the last of the money I had as a retainer and now have nothing to show for it other than emails saying I can either comes up with money I simply do not have or he'll withdraw. If he files for withdrawal, how soon can I start filing my own motions?

Basically as soon as the court issues an order allowing your attorney to withdraw. The attorney will have to make a motion to the court to withdraw, and then there will be a hearing at which the court will hear from the attorney his reasons for wanting to withdraw. The court will likely question you about the issue and whether or not you are able to obtain new counsel. Then the court will either grant the request to withdraw or deny it by issuing an order. The court will typically give you some time to obtain new counsel if you wish. But as soon as the court issues an order allowing counsel to withdraw, you are free to represent yourself, and can make applications to the court.

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Customer: replied 3 years ago.

I am completely unable to obtain new counsel due to the fact that the attorney I had didn't put in a motion for temporary support or anything at all like that. I am permanently disabled and am living on $917 a month since my husband took everything out of the house claiming that he would be back for me and the last few boxes that wouldn't fit in my car and upon getting out there, got in trouble with CPS leaving me stuck in a house I cannot afford. Is there anything I can do since the hearing is on April 4th?

There are a couple of things. You should contact Texas the State Bar of Texas. They may be able to refer you to a pro bono attorney who would be, at the least, be able to assist you in making a motion for a temporary award of support during the litigation. And second if you are unable to get pro bono help, at the hearing you should inform the court that you are completely without support (include evidence of your disability) and that you need a temporary award of support. The court will then likely schedule a hearing on temporary support.


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