My case is a family law case. I already told her that I wanted to terminate her as my attorney. I do not have another attorney yet so I need to know what (if any) form I can file to dismiss her. She apparently filed a motion saying that she was requesting to withdraw from my case on her own cause and for untrue reasons against me (instead of stating that I'd no longer wanted to be represented by her. Even though this was all done 2 weeks ago, the court still shows her as my attorney on record and keeps referring me to back to her. I want her off my case and I would really like if the court knew that I had fired her rather than the untrue reasons she gave them. (And please give advice other than hurry up and hire another attorney because that's just not feasible currently)
File a Response to her motion to withdraw stating that you have terminated her services and want her removed as your attorney of record ASAP. One of the reasons her motion to withdraw has not yet been granted is that the court is required by Rule 121, Colorado Rules of Civil Procedure, to wait at least 14 days after the filing of a motion to withdraw to give both you and the other side an opportunity to object to the withdrawal.
Mr. Geil is correct. There is no set form. However, the Court normally sets a Motion and Notice to Withdraw as counsel out 3-4 weeks, because you have a couple of weeks from the time of filing to object. File a Response stating that you agree with the Motion to Withdraw and wish to have the court to grant it forthwith. As a former judge, I did not care at all why an attorney was withdrawing and did not look at the reasons stated in their motion. So, I would not worry about the untrue reasons that she gave, as they will have little to any impact on the judge and will not prejudice you in the case.
Top flight answers from Mr. Geil and Mr. Leroi. I agree that you need to file a response to the motion to withdraw and state that you want the court to grant the motion immediately. The other party could also object, so you might not get an immediate ruling. Be patient, this will be resolved soon enough.
Rebecca Mccormick PepinDivorce / Separation LawyerLongmont, CO ·
My colleagues have answered your question well, however I'll point out that if you retain another attorney, that new attorney will file an entry of appearance and that changes the active attorney immediately. So don't wait to look for a new attorney. Find one now.
