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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 27231
Experience:  JA Mentor
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My lawyer wants out of my case. A deposition was scheduled

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My lawyer wants out of my case. A deposition was scheduled for tomorrow. First he tried to get me to sign a form becoming my own atty. He has said that he is not going to be my attorney any more and my deposition is canceled and the depositions of my witnesses are cancelled. He then sent me copies of the email stating this to me by reg mail and certified. My witnesses have never received anything canceling their depositions. I can not find anything on the internet stating how a deposition is cancelled. I don't know if mine really is cancelled. I understood it has to be "squashed" by the court, as another attorney here at ask. com said but I can not find this on the internet. Was this the correct information, is he hoping I won't show up and then have reason to drop me?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

First, once an attorney has entered an appearance in a case, he can only withdraw with the judge's permission. So, he should file a Motion to Withdraw before he can stop acting as your lawyer. To do otherwise is a violation of the rules of professional conduct.

Second, a deposition can be canceled by the party that scheduled it just be sending a letter or email saying "It's canceled" or even a phone call. The subpeona is a court order to appear, but when the person who issued it says "nevermind," then that's usually enough - but most people would ask for it in writing to avoid being held in contempt of court. An opposing party or the witness would have to file a Motion to Quash, but not the party that scheduled it. Still, if a person cancels his own deposition, he would have to tell the witness and opposing counsel.

If your witnesses haven't been told that the deposition was canceled, then it sounds like it's going to proceed. Telling you that a deposition is canceled when it isn't is also arguably a violation of Rule 3-500, which requires that an attorney keep a client reasonably informed of what is going on in the case.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq. and 4 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
I did rate it, I don't know why it did not go through. No one showed for the deposition and when I called the attys office the sec. said a lawyer was telling her it was canceled and would not say who. Got home and got the papers from him to sub myself as my attorney after I all ready told him I am not going to do that. What a jerk, no wonder people hate attorneys!
I'm sorry that this happened.

If he filed the papers with the court, you can file an objection. You may also have grounds for complaining to the Bar for Violation of the Rules of Professional Conduct. When an attorney doesn't wish to continue representing someone, he still has an obligation not to leave the client high and dry.
Lucy, Esq. and 4 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.

Dear Lucy,

I received papers today saying the above mentioned atty has filed a motion to be relieved as counsel. There is a Case Management Conference and a date for a hearing for the motion. Do I show up to both? Thank you for your help.

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