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Do I need to have a motion to withdraw "fire" my attorney? Sample form to use?
Anonymous11 views4 answers
Do I need to have a motion to withdraw my attorney? I received a final judgement but the petitioner filed an appeal. If I wish to represent myself in the interim due to high legal fees during trial and failure to send documents that resulted in a trial delay. Where can I find a sample form and how to fill it out?
You do not need to have a motion to fire your attorney. A motion to withdraw is a tool utilize by the attorney of record in the case where your attorney has made the decision to remove him or her self from your civil case. A judge of competent jurisdiction will hear that motion and you-the client- will be informed so that you will be able to attend said hearing. For you to fire your attorney you must inform he or she,preferably in writing, that you no longer require their services. A sample form is not necessary as you should simply unequivocally convey your position to your attorney. However, keep in mind that the attorney may have the right to place a lien on your file to recover attorney fees and or costs that have been expended on your case.
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
It is your attorney that would file a motion to withdraw. However, in the instance yo describe, the appellate case is a new case, and an attorney needs to file a notice of appearance to represent you on the case. You would need to sign a new retainer agreement with the attorney. So if you want your old attorney or a new attorney to represent you, you will need to hire them. Appeal are very complex, I do not suggest you represent yourself. The good news is that if you won at trial, you are in the better position going into an appeal.
No, to discharge any attorney, you just have to inform him verbally or in writing that you no longer wish him to represent you or provide you with services. Most often this is done when you change attorneys, and the new attorney simply provides the old attorney with a "consent to change of counsel" form which you have signed and asks for the files to be transferred. Sometimes, in litigation, if you simply fire an attorney without providing a substitute, the attorney will have to make a motion to the court to withdraw, which you would not oppose or respond to usually.
In the instance you have described, most often an appeal is not covered by the retainer agreement with the trial counsel. Check your retainer agreement.
Lastly, I agree with Ms. Morehouse that a pro se appeal is probably a bad idea. Appeals are hard enough (the courts tending to affirm the trial judge's discretion) without a litigant taking an uninformed, not credible stab at it. The pro se efforts tend to be a waste of time (which many appeals can be characterized to begin with).
No, to discharge any attorney, you just have to inform him verbally or in writing that you no longer wish him to represent you or provide you with services. Most often this is done when you change attorneys, and the new attorney simply provides the old attorney with a "consent to change of counsel" form which you have signed and asks for the files to be transferred. Sometimes, in litigation, if you simply fire an attorney without providing a substitute, the attorney will have to make a motion to the court to withdraw, which you would not oppose or respond to usually.
In the instance you have described, most often an appeal is not covered by the retainer agreement with the trial counsel. Check your retainer agreement.
Lastly, I agree with Ms. Morehouse that a pro se appeal is probably a bad idea. Appeals are hard enough (the courts tending to affirm the trial judge's discretion) without a litigant taking an uninformed, not credible stab at it. The pro se efforts tend to be a waste of time (which many appeals can be characterized to begin with).
