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Contest opposing attorney withdraw-WA State
Does an attorney have to come to a court hearing if I object to their withdrawing?
Anonymous3 views1 answers
I am pro se, and the opposing attorney filed a motion to withdraw from the case without giving any cause. I filed an objection to the withdraw. I have what I feel are valid reason to object to the withdraw, and would really like this attorney on the case through the conclusion of current motions before the court. My question is, once I have filed an objection, and the attorney has filed a response can they just leave the case without a hearing before a judge/commissioner related to their withdraw, and my objection? They have currently requested the court to make the decision without their being present. Also, are they the attorney of record until the court makes the decision?
" I have what I feel are valid reason to object to the withdraw". No one can help what you feel. However, what you feel is not a legal reason why the attorney for the other side would have to stay on the case. No party can oppose the withdrawal of the attorney for the other side. The client may possibly have legal bases to oppose the withdrawal of its attorney; you are not the client.
Attorney-client relationship is at will. Either the attorney or the client can end the relationship at any time for any reason. The attorney must follow procedures to protect the attorney's client's interest while the attorney is withdrawing.
Unless the trial is coming up in the next few weeks, the judge will not order the attorney to stay on.
Acting as your own attorney, you are supposed to know everything that a licensed attorney would know. The judge may well impose a sanction on you for filing a frivolous motion to oppose the attorney's withdrawal. If you research the case law, you should find that you have no legal basis to oppose the withdrawal of the attorney for the other side.
