What to do when legal counsel withdraws from a case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.