Q: If a lawyer is fired, can they still file a motion?
The criminal case lawyer was dismissed, and a motion was filed after being removed from the case.
A:
Typically, once an attorney has entered an appearance on behalf of a defendant in a case, that attorney remains the defendant's attorney until the court grants a motion to withdraw or dismisses the attorney. A client firing an attorney is usually good grounds for the attorney to withdraw or for the court to dismiss the attorney as long as the client is competent. Even when an attorney is fired, the attorney must take reasonable steps to insure that the client is not prejudiced by the attorney withdrawing from the case, and that may require the "fired" attorney to file certain motions--especially if ones with a deadline--before withdrawing to protect the client from prejudice. Similarly, a "fired" attorney might file dilatory motions like a motion for extension of time or motion for continuance to try to protect a client from prejudice that may occur as a result of the attorney's withdrawal.
Once the court has entered an order granting a motion to withdraw or has dismissed the attorney from a case, the attorney no longer has authority to file any motion on behalf of the defendant. In some instances, he may still file a motion on his own behalf, for example one for fees or expenses incurred or paid prior to his withdrawal.
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