Q: How do I answer an Order to Show Cause why my attorney should NOT be allowed to withdraw as my counsel? Is there a form?
I'm a Plaintiff in a Personal injury case (negligence to bee precise). My attorney is trying to withdraw as my counsel because I won't sign a Power of Attorney which he has mis-characterized as a HIPAA compliance form probably not to have to consult with me on major decisions such as whether to settle if/ it arises, and if so, what amount is good enough for me. He's been so adamant about me signing it that he couldn't even know how good the case is because we never got to it due to this roadblock. I do because I have 2 years of law school under my belt. My first concern is preventing him from withdrawing as my counsel, if for nothing more than to buy myself time to find another attorney to take over the case, and secondly to explore the potential of a legal malpractice suit against him.. One might ask why I would want an attorney as my counsel that doesn't want to be. My answer is twofold: 1) Since I've had this problem with him for some time I've spoken to attorneys about taking over
A: The OSC will likely be granted. Under the CPLR, you have 30 days to get new counsel. The case will be stayed for that time.
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