What to do when legal counsel withdraws from a case?
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What to do when legal counsel withdraws from a case?
I have a police brutality case in the process of going to trial in federal court. My lawyer has filed a motion to withdraw as counsel. I am not prepared for this. Can I get time from the court to find out exactly how I should deal with this?
Asked on November 29, 2010 under Criminal Law, Alaska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Are you on the verge of trial? In other words, is trial imminent? Then the Court may not allow the attorney to withdraw if you oppose and show prejudice at this late date. The motion has just been noticed for a date certain, correct? You can put in papers to object (called an Affidavit in Opposition) or ask for an adjournment of the motion to allow you time to do so when you go to court on the date the notice states. Otherwise, if the granting of the motion is inevitable, then the court will grant you time to get a new attorney by "staying" the matter (placing a hold on the case) for a certain period of time (generally 30 or 60 days). Good luck.
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