My question relates to legal practice in the state of: Michigan.
My attorney wants to withdraw from representing me (on behalf of my son, a minor).
(The details of what led to this point are not relevant for this particular question).
He has sent me a "Stipulation and Order allowing withdrawal" that he expect me to sign.
On the one hand, based on events leading to this, I no longer trust in his experience or advice and do intend to look for another lawyer to represent me (as client for my Son).
On the other hand, I do not wish to be left without an attorney in an intervening period in the event that the Insurance company files motions or other legal documents where I would need the advice of a lawyer.
I understand that per the MI Rules of Professional Conduct, he needs either my consent or that of a tribunal or court (not sure which) if he wishes to withdraw.
What is the next step, based on my intention to not give consent (at this time at least) ? ie...
(a) does this go to a hearing in front of a judge or is it a separate/different legal setting ?
(b) what is the usual time frame between him filing for withdrawal and getting a hearing ?
(c) what is his burden of proof to justify his withdrawal ?
(d) what is my burden of proof to prevent his withdrawal until such time as I get new legal representation ?
(e) could the judge at the hearing state that he can only withdraw if/when I find another attorney acceptable to me ?
Furthermore, having spoken to only one law firm since then, they stated to me that his accepting an offer without knowing the conditions (nor informing me of those conditions) have damaged my position because it will likely make the insurance company less willing to negotiate. This other lawyer stated that for this reason he would not wish to take up the case. What happens if, in the worst case, I cannot find an attorney to take up this case in the event it does go to court ? ie...
(f) do I have a right to have legal representation (for this case that is already filed) or would I be on my own ?
(g) what (if any) other option would I have if I cannot find an attorney to replace this one if/when he is released from my service
Finally, the attorney did announce to the insurance company and their attorneys that he will be filing a motion to withdraw.
(h) should he only have announced this to the "other side" once he HAD been allowed to withdraw ? Has this sent a message of weakness to "the other side" in him announcing his intended withdrawal before knowing if I accepted or a court/tribunal allowed it ?
Any other advice/insight would be appreciated...
Thank You & Regards.
My attorney wants to withdraw from representing me (on behalf of my son, a minor).
(The details of what led to this point are not relevant for this particular question).
He has sent me a "Stipulation and Order allowing withdrawal" that he expect me to sign.
On the one hand, based on events leading to this, I no longer trust in his experience or advice and do intend to look for another lawyer to represent me (as client for my Son).
On the other hand, I do not wish to be left without an attorney in an intervening period in the event that the Insurance company files motions or other legal documents where I would need the advice of a lawyer.
I understand that per the MI Rules of Professional Conduct, he needs either my consent or that of a tribunal or court (not sure which) if he wishes to withdraw.
What is the next step, based on my intention to not give consent (at this time at least) ? ie...
(a) does this go to a hearing in front of a judge or is it a separate/different legal setting ?
(b) what is the usual time frame between him filing for withdrawal and getting a hearing ?
(c) what is his burden of proof to justify his withdrawal ?
(d) what is my burden of proof to prevent his withdrawal until such time as I get new legal representation ?
(e) could the judge at the hearing state that he can only withdraw if/when I find another attorney acceptable to me ?
Furthermore, having spoken to only one law firm since then, they stated to me that his accepting an offer without knowing the conditions (nor informing me of those conditions) have damaged my position because it will likely make the insurance company less willing to negotiate. This other lawyer stated that for this reason he would not wish to take up the case. What happens if, in the worst case, I cannot find an attorney to take up this case in the event it does go to court ? ie...
(f) do I have a right to have legal representation (for this case that is already filed) or would I be on my own ?
(g) what (if any) other option would I have if I cannot find an attorney to replace this one if/when he is released from my service
Finally, the attorney did announce to the insurance company and their attorneys that he will be filing a motion to withdraw.
(h) should he only have announced this to the "other side" once he HAD been allowed to withdraw ? Has this sent a message of weakness to "the other side" in him announcing his intended withdrawal before knowing if I accepted or a court/tribunal allowed it ?
Any other advice/insight would be appreciated...
Thank You & Regards.
Professional Conduct: Procedure After Lawyer Wishes to Withdraw from Client
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