Q: What is the process for when an attorney files an application to withdraw?
My attorney sent me a letter informing that the next day (24-hours later) he will be filing application to withdraw. (I live out-of-state.) His letter stated that all parties and attorneys will have the opportunity to appear and respond at that time, or it will be submitted for signature with no opposition. I was told by the court clerk that I did not have to appear when the attorney files. Only when the OSC is executed and served will I need to respond by Affidavit of Opposition, if I wished, and then mail in the opposition. In my case, my lawyer stated that the Judge said I would have to appear in person if I filed the Affidavit. Is it the rule that parties need to appear at the filing of the application by the attorney to announce they oppose and if they do not, then they lose, as the letter suggests, the opportunity to oppose? Is it common that I would have to appear in person and not afforded the ability to mail in the opposition, considering I live out of state?
A: You are part right and part wrong. The attorney files an Order to Show Cause served on you. You can object, but there are few grounds to force an attorney to stay in a case. Fees are a separate issue. If the motion is granted, you will have 30 days to get a new lawyer or appear yourself. After 30 days the case starts up again whether you have a lawyer or not, and the results are binding. Living out of state is not an issue.
Barry E. Janay agrees with this answer
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A: Are you objecting to his withdrawal? Are you signing a substitution of attorney form? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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A: What Michael Siegel said below is correct, I will add that the actual number of days given will depend on what the judge grants, but in a civil case you would need to get served the Order to Show Cause and also likely get served a copy of the subsequent order granting your attorneys withdrawal.
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