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motion to withdraw?

Started by hpink69, Apr 05, 2005, 05:30:27 PM

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hpink69

my bf checked his docket sheet for his divorce and it states that is stbx's attorney filed for a motion of withdraw on behalf of her. Does anyone know what this means?

MixedBag

When an attorney wants to take themselves OFF the case, they actually have to ask the court for permission.

So her attorney does a "Motion to Withdraw" and then the courts decide IF they will let that attorney quit.

My EX#2's first attorney had to do that -- and the judge allowed it.

DH's EX's attorney did that -- and the order from the (Supreme) court came back saying that Yep, attorney can withdraw, BUT she isn't allowed to represent herself and must hire a new attorney.

Why?

She didn't pay attorney (had some disputes with her with regards to billing), and so the reason the attorney asked was due to "lack of payment from client."  Court allowed attorney to withdraw, but said she must hire another one to represent her (and to communicate with the system) due to the lack of proving pauper (can't pay the bill) status.

Hope our experience helps you!

hpink69


hpink69

We just received the documents on the withdraw. It said that she was seeking other counsel and that also she had failed to comply with the agreement made with her counsel even after numerous attempts of her counsel to get her to comply.

patton

In other words she probably didn't PAY her attorney as per their contract or comply with any of the attorney's wishes.  In other words she was doing things her attorney did not agree with.


hpink69

Well that is what we figured. We just got a GAL assigned to our case and the due date to pay her deposit was 3 weeks ago and she still hasn't paid her either.

MixedBag

Don't forget to bring that up.

Judges know the "behind the scenes" reasons when stuff like this happens....

Lawmoe

It means he wants to withdraw as her counsel . He/she probably has not been paid.