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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38502
Experience:  Retired (mostly)
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CONSENT TO WITHDRAWAL OF APPEARANCE OF COUNSELI need a

Customer Question

CONSENT TO WITHDRAWAL OF APPEARANCE OF COUNSEL

I need a sample letter:

1. The undersigned, XXXXX XXXXX, Defendant in the above-referenced case, hereby consents to the withdrawal of the Unethical Attorney LLC as my counsel in the above-captioned case.

2. I need to also ask the judge to grant the motion to withdraw because it is impossible to continue working with this attorney for failing a client and complete breach of client's trust.

3. Also, ask in the same letter to extend the period of employing a new attorney from 15 days to two month.

Could I ask to order my EX pay for a new attorney here? Or, should I wait for the motion to be granted first? I do not have money to retain a new attorney. I tried but all loan and lines of credit apps were declined.
Submitted: 3 years ago.
Category: Legal
Expert:  socrateaser replied 3 years ago.

I need a sample letter:

1. The undersigned, XXXXX XXXXX, Defendant in the above-referenced case, hereby consents to the withdrawal of the Unethical Attorney LLC as my counsel in the above-captioned case.

2. I need to also ask the judge to grant the motion to withdraw because it is impossible to continue working with this attorney for failing a client and complete breach of client's trust.

A: You don't need a letter or a motion to remove your attorney in a civil case. You just call up your lawyer and you say, "You are discharged, effective immediately. Please send me the appropriate paperwork to substitute you out." The attorney will do the rest for you immediately, because an attorney must act promptly to effect the client's desire to terminate the attorney-client relationship.

3. Also, ask in the same letter to extend the period of employing a new attorney from 15 days to two month.

A: This would be a motion to stay all proceedings pending your obtaining new legal counsel. No judge will order a two-month stay, unless you are literally in the hospital recovering from life-threatening illness or injury. So, there is no point in making this request, because it will be denied.

Could I ask to order my EX pay for a new attorney here? Or, should I wait for the motion to be granted first? I do not have money to retain a new attorney. I tried but all loan and lines of credit apps were declined.

A: The appropriate means of handling your entire difficulty is as follows:

1. Find a new lawyer, first.
2. Ask the new attorney to contact your current attorney, exchange the "substitution of attorney" paperwork.
3. Then have your attorney file a motion requesting that the court to order your spouse to pay your new attorney's legal fees, or alternatively to order alimony sufficient to cover the cost of legal counsel.

That's the way to remove your attorney and obtain new legal counsel.

For a competent family law attorney referral, see this link.

Please let me know if I can be of further assistance.

 

Customer: replied 3 years ago.

1. Find a new lawyer, first.


Me: The whole point here is to do it all myself. If I could afford a new one, I would not be on this site.



2. Ask the new attorney to contact your current attorney, exchange the "substitution of attorney" paperwork.


ME: I know that already. Thank you.
3. Then have your attorney file a motion requesting that the court to order your spouse to pay your new attorney's legal fees, or alternatively to order alimony sufficient to cover the cost of legal counsel.


Me: I know this, too.


 


I wanted to file one letter that includes all the points I raised. You gave me what I already know and could do, but cannot because I have no money.

Expert:  socrateaser replied 3 years ago.

Thank you for your additional information. Please understand that I do not know what you know, unless you tell me -- and your original question clearly implied that you wished to hire a new attorney, because you expressly asked if you could have the court order your spouse to pay your attorney's fees.

If that really is your goal, then my original answer is correct. It would be pointless to substitute yourself in as attorney pro se, when the goal is to hire a new attorney with your spouse covering the costs.

That said, if you really want to substitute yourself in pro se, then please tell me whether or not an initial trial date has already been set by the court -- because it completely changes the process, depending on your answer.

Thanks in advance.

Customer: replied 3 years ago.

I clearly say at the beginning that I need a sample letter because I would like to express points above in a legal language.


 


I want to let the attorney go in this letter as it is written in #1.


Then, ask to grant the motion. Then extend the hiring period for


a new lawyer.


 


I would love to hire a new attorney right away, but do not have money or credit to do so. I used to stay home, and my controlling ex has everything in his name alone and he deprived me of even our joint credit history without which I cannot get any loan.


 


The trial is in December of this year. I am afraid that the judge will not order him to pay my legal expenses because he had hired way too expensive attorney and spent already on other things, then let his attorney bribe my attorney for large sums not to do, but to fool me that


she was doing things. She was confusing and misleading all this time.


 


Please give me a sample letter to file on my own without this or new lawyer.


 


 

Expert:  socrateaser replied 3 years ago.
Hello again,

Thank you for your various clarifications. Unfortunately, you are asking for something that is simply not permitted by this website. I would have to draft a custom motion to relieve counsel and substitute party in propria persona, along with a motion to continue and for an order that your spouse be ordered to pay for your legal expenses.

Since this violates the website policies, I am forced to opt out at this point. I would encourage you to reconsider your approach and try to find substitute legal counsel, who can file the necessary motion to substitute and for expenses. However, if you choose to ignore my suggestion, then all I can do is to wish you the best, XXXXX XXXXX you a refund of your deposit money.

Please let me know how you would like to proceed.
Customer: replied 3 years ago.

Please give me a refund. I did not know that legal issues have limitated


answers.

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