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Motion to withdraw as attorney
Anonymous4 views2 answers
My attornies had filed for bankruptcy.They don't have funds to run the case.They have filed for motion to withdraw from the case based on false allegation on me saying that there is total breakdown of comminication. No other attorney is going to take this case at this time because he has a lien on the case. How many days I have to file a response to the attorney motion and demonstrate that breakdown of comminication is false.
You have nine (9) court days before the hearing date to serve and file your written opposition.
In California, an attorney in an action may withdraw either upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes, or upon the order of the court, upon the application of either client or attorney, after notice from one to the other. (Code of Civil Procedure § 284.)
Although it is unethical for an attorney to abandon a client or withdraw at a critical point and thereby prejudice the client's case (Cal. Rules of Prof. Conduct, Rule 3-700(A)(2)), an attorney may withdraw from a case when withdrawal can be accomplished without undue prejudice to the client's interests.
Implicit in the Rules of Prof. Conduct, Rule 3-700, and Code of Civil Procedure § 284, is the conclusion that an attorney is entitled to withdraw, either with the consent of the client, or without that consent if approved by the court. (Ramirez v Sturdevant (1994) 21 Cal.App.4th 904, 915.)
The court approves such motions if made in the proper form and presented with the proper notice, absent prejudice. (See Ramirez at 915; Rules of Prof. Conduct, Rule 3-700(A)(2).
you have 9 court days before the hearing to serve a written opposition brief. the court will likely allow your attorney to withdraw but you should attend the hearing and make sure that the court gives you adequate time to find a new lawyer by vacating any upcoming hearing dates and resetting them.