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Can a lawyer quit in the middle of a case without notifying the client

Discussion in 'Lawyers, Legal Practice, Ethics & the Bar' started by Ger99538, Nov 4, 2013.

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  1. Ger99538

    Ger99538 Law Topic Starter New Member

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    Can a lawyer quit in the middle of a case without notifying the client?
     
  2. fredrikklaw

    fredrikklaw Moderator

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    It Takes Three!

    The answer is NO!

    An attorney of record not only cannot “quit” in the midst of litigation without notifying the client, he also (technically) needs the client’s consent as well the court’s blessing by filing a Motion to Withdraw as Counsel. Such a motion should evidence notification and consent of client to the withdrawal and should also (ideally) be combined with a motion for substitution to read: Motion to Withdraw and to Substitute Counsel.

    An attorney abandoning a client in midstream is liable to be severely reprimanded by the state’s Bar; in other words, disbarred!

    fredrikklaw
     
  3. army judge

    army judge Super Moderator

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    There are exceptions, one being medical or health issues, another could revolve around incapacitation, mental illness, the lawyer being indicted or arrested, the lawyer might have been directed to step down because of discrepancies or new claims being made to the bar against the lawyer, and a few more logical events come to mind.

    I suggest you and the lawyer discuss this, OP.

    In fact, there are a good many more reasons that might be behind this...
     

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