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Attorney has filed Petition to Withdraw from Representation…

Customer Question
Attorney has filed Petition...

Attorney has filed Petition to Withdraw from Representation from a filed Lawsuit. This is pending Court approval, which may take up to 3 weeks.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Attorney is also working on State Farm claim. I want him to stop all work

Lawyer's Assistant: Has anything been filed or reported?

Yes Petition to Withdraw filed on July 7, 2017 with Eagle County Court.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Per Judge's assistant, Judge will not grant approval for at least 14 days and most likely longer. We want current attorney to stop all work on our behalf including work on State Farm claim, which is not related to the lawsuit. Can we engage another attorney during the minimum 14-day time frame for the Court to grant approval for withdrawal?

Submitted: 1 year ago.Category: Legal
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Answered in 10 minutes by:
7/10/2017
Lawyer: LegalPro54, Lawyer replied 1 year ago
LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 14,554
Experience: General practitioner with diverse legal experience.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The reason for the delay is because the attorney is attempting to withdraw by way of motion. Generally this is only done if the client refuses to allow the attorney to withdraw. There is another option, though. According to C.R.C.P. 121 Section 1-1(2), "An attorney may withdraw from a case, without leave of court where the withdrawing attorney has complied with all outstanding orders of the court and either files a notice of withdrawal where there is active co-counsel for the party represented by the withdrawing attorney, or files a substitution of counsel, signed by both the withdrawing and replacement attorney, containing the information required for an Entry of Appearance under subsection 1 of this Practice Standard as to the replacement attorney."

So, what you would typically need to do is get your former attorney and new attorney to sign a substitution of counsel form and file it with the court. That should have the effect of immediately switching the attorney of record. Generally, a substitution of counsel will look something like this.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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