Q: My family law attorney filed a motion to withdraw and listed my address incorrectly. What do I do now?
Divorce filing 03/2021. Opposition (wife and counsel) very aggressive (false accusations, filing motions). My quite expensive counsel was neglectful, charitably. Trial set for 12/2022, but I would like to avoid. Temporary time-sharing agreement in place. Wife refuses equitable time-sharing and insists on maintaining her hold on virtual all marital wealth, with strategy emphasizing my dissipation of marital assets, which is untrue. Upon my attorney's motion to withdraw, an old business address I have not used since 2015, likely found on-line, was entered as address for future communications. I found out about motion to withdraw earlier this week via OFW text from my wife. I am at a loss.
A: First, make sure your attorney has your current address. The fact that it was sent to the wrong address doesn't really matter; you did find out about it. Then, reply to the motion (essentially a letter to the judge; be sure to copy it to your present attorney and include proof that you do that) by describing the difficulties you would have if you have to represent yourself at a December trial. You might also contact your attorney or the judge's office, and see about scheduling a hearing on the motion to withdraw. It appears that you want more time to find another attorney; opposing the motion to withdraw should take care of that.
Bruce Alexander Minnick agrees with this answer
1. Whatever you do, do not just sit there "at a loss" about what happened.
2. Call your lawyer and --without any yelling or arguing--inform them that your address on the envelope is incorrect and give them the correct address.
3. Then write a letter to the Judge (call the Court Clerk and ask who your Judge is) telling him that you need more time to prepare for trial because your lawyer is moving to withdraw.
4. Start looking for another lawyer immediately.
Terrence H Thorgaard agrees with this answer
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