My divorce trial is less than 20 days away. My Trial call is in 2 days. I've filed a expedited motion with the court to Withdrawal from Counsel and Continue Trial but my current attorney emailed me saying the Judge most likely wont approve it because of the nearness of trial. I DO NOT wish to continue with my current firm and believe that irreparable harm will come of my case if he continues to represent me. I have identified new counsel who cannot Enter Appearance unless my dates are continued. This verbiage was put into my motion along with "crucial data was not submitted" "Motions were filed without my review" and "attorney negligence" but I am extremely concerned that my Judge will deny regardless, especially when my husbands counsel argues which she most certainly will.
Things may be different in AK, but here in GA if the lawyer was to file a motion to withdraw representation so soon before a trial, the court would very likely deny that motion. On the other hand if the client fires their lawyer, the court is highly unlikely to force the lawyer to continue to represent the client that has fired the lawyer. But that would not get you a continuance of the trial date. You can fire your lawyer but you may end up at trial without a lawyer, which will not go well.
The following is just general information about an Alaska court's ability to grant or deny a continuance. The decision of a Superior Court in Alaska to deny a continuance is improper if the Superior Court has "abused its discretion" when it made its decision. A Superior Court's refusal to grant a continuance is an "abuse of discretion" when a party is deprived of a substantial right or the party is seriously prejudiced.
To determine whether the denial of a continuance is so unreasonable or so prejudicial that it amounts to an "abuse of discretion," a Superior Court will have to consider the particular facts and circumstances of the case. It is a case-by-case determination--meaning, there is no cookie-cutter answer that applies for every case. While the facts in one case might be the type that show a deprivation of a substantial right and that a party is seriously prejudiced by the court denying the continuance, the facts in a totally different case may not. That said, a continuance will likely be denied by the Superior Court unless there is a substantial reason (a really good reason) for Court to grant it. A Superior Court needs a substantial reason because the court has an obligation to ensure the "orderly, prompt and effective disposition of litigation" (meaning, it needs to make the court case run smoothly and efficiently so that the case can get finished up and so the parties can move on with their lives). The court is also supposed to avoid making a decision that would cause a loss or a hardship to the other parties and witnesses.
That said, it is DEFINITELY in your best interest to speak with an attorney as soon as possible to get some specific answers to your questions. The problem with forums like this is that attorneys like me can only provide general information that does not deal with the specific facts of a case. That is why it is important for you to speak with an attorney directly about the facts and circumstances of your case to receive specific guidance about what to do and how to handle the situation. There are many excellent attorney's in Alaska, and if you are having trouble finding a good lawyer, the "lawyer referral service" through the Alaska Bar Association is one way that you can get in touch with a professional who can help. Here are the numbers for the lawyer referral service: (907) 272-0352 and 1 (800) 770-9999. I hope this answer is helpful!
Note: This answer is given as only legal information and is neither a legal opinion nor advice, which would require an analysis of the facts and circumstances as well as the applicable law and regulations. This communication does not create an attorney-client relationship, and no part of this communication is confidential or privileged in any way.
