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Dave Kennett
Dave Kennett, Attorney
Category: Business Law
Satisfied Customers: 27689
Experience:  25 years practicing law
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My question about presenting evidence as earlier pertains to

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My question about presenting evidence as earlier pertains to a hearing that will be held on a motion to withdraw as counsel. I am the client and my bill is paid up. I do wish obviously to attend the hearing. However when asked do I oppose the withdrawal my answer is yes I do oppose for valid reasons including that when hiring the lawyer I had spelled out our aim was to complete Discovery that Plaintiff was avoiding. Plaintiff only just recently "answered" our Discovery with non-answers and not a single document attached. Aim therefore is to complete discovery by submitting our RA's and Interog. questions. Since these are basically set to go. It would require less than 2 hours of time for even an associate to review and file. Therefore, since it would cause undue hardship upon us to have to secure alternative counsel we do oppose the withdrawal at this time. Whether or not our opposition actually makes any difference in a matter such as this, we don't know. Bue when asked if we oppose the withdrawal the truth is we do, and we have some supporting email for our position that we would like to be able to submit to the judge at this hearing. That is the background for my question. Thanks!
You have a right to oppose the withdrawal but I have to tell you that I have never seen a judge force an attorney to continue to represent a client if the attorney wishes to withdraw unless there are some really unusual circumstances. What I don't know in your case is "why" the attorney wants to withdraw? I understand you want to keep the attorney but what is important in the first instance is what is the attorney's reason for wanting to withdraw?
Customer: replied 4 years ago.

I questioned a billing, and also questioned why we were not alerted to a specific filing in our case (the atty. contract says we will be kept fully informed of ALL of the professional services devoted to this matter by our firm" that has not happened. So that appears to be the "real" reason.


 


 


However, the 2 and only 2 reasons cited for reasons to "Withdrawal" are 1. the client is not complying with the terms of engagement. 2. No party will be prejudiced from the law firm's withdrawal.


 


 

Many attorneys will withdraw from a case when confronted by a client over how the case is being handled and it is the right of the attorney to do so. Frankly I can't see why you would want an attorney representing you that doesn't want to be your attorney but if you want to oppose the motion you have the right to do so and you can present the evidence you have. I never like to predict the outcome of any court case so I will not say which way this will go but generally the courts will permit attorneys to withdraw as counsel.
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