Motion to Withdraw?

[sanemom]

Just wondering... .  BPD mom's attorney filed a motion to withdraw a week before the scheduled mediation.  Today I heard that lawyers cannot ethically withdraw simply for lack of payment--is that true?  I had assumed that is why the attorney withdrew.  

This is her third attorney withdrawing from the case... .  

[Exonerated]

Hello sanemom,

No payment or not enough payment would be the reason. My ex-BPDw showed up to a hearing without her lawyer. The judge said we will go ahead with the hearing with you as pro-se Mrs. EXONERATED.

I was puzzling over this, so I asked and the judge said, Mr. BPDLawyer has withdrawn as Mrs. EXONERATED's attorney. Later Mr. BPDLawyer told me he was in business to earn money, and Mrs. EXONERATED hadn't paid him one cent so far. Mr. BPDLawyer died last year... .  

Cheers,

[Matt]

There could be other reasons why he might want to withdraw.  He could be retiring, or he could have health problems, or he might find it too difficult to work with her.

Where I live, the attorney or client can file to end the relationship, and the judge decides.  If the attorney and client both agree to terminate the relationship then the judge will rubber-stamp it.  But if the attorney wants to withdraw and the client doesn't agree, the judge might decide either way.  Attorneys aren't supposed to withdraw just because the client is a little slow paying, but if it goes on a long time, the judge might say OK.

Don't worry about it.  Just work with your own attorney and proceed with the case.  Object to any delays in the case, and make sure your lawyer knows not to agree to any delays without your approval.

[ForeverDad]

All I can think is that it can't make ex look good to the judge.

[sanemom]

All I can think is that it can't make ex look good to the judge.

I doubt we will ever get in front of a judge... .  she doesn't have the money.  We were going to go to mediation next week, but now that is being rescheduled because of this (and because the GAL isn't done).

BUT... .  I am pretty sure that the GAL referred her to this attorney as this attorney and the GAL are good friends (and it was clear at the last trial that the GAL was trying to help her out).  Maybe his good friend ditching her may give him a clue... .  

[sanemom]

Now BPD mom has hired the attorney she was sleeping with who works and lives 100 miles away.  Great.

She is so good at getting people to feel sorry for her and save her.

[Deb]

Just a thought but, isn't it unethical for the GAL to help her get a lawyer? I mean, could his impatiality be called into question over that?

[newlymarried]

If you know the BPDx is sleeping with the lawyer, you need to have him taken before your state's bar. It is unethical for a lawyer and client to have sexual relations.

[Matt]

If you know the BPDx is sleeping with the lawyer, you need to have him taken before your state's bar. It is unethical for a lawyer and client to have sexual relations.

A couple of ways I could imagine handling it.

One is just to ignore it and figure it's not your problem.

Another is to gather evidence, and then when the other party is under oath - depositions for example - without warning, ask, "Ms. Mom, has Mr. Attorney ever spent the night at your home?" or "Ms. Mom, has Mr. Attorney ever spent the night with you at a hotel?"  But I think you would have to be prepared with rock-solid evidence - maybe hire an investigator to gather it - or you would look like a nut.

Unless you have solid evidence, it's probably best to stay away from the issue and focus on what's best for the kids.

[newlymarried]

Or you could file a complaint with the bar, and they could investigate it.

[DreamGirl]

I'm with Matt as to what would actually be gained from reporting the attorney.

Attorneys sometimes do not-so-ethical things. Probably why they're attorneys. (JUST KIDDING)

It seems like an unnecessary distraction from moving this forward.  

Maybe it's a blessing in disguise? Is he a good attorney? A reasonable one?

I always like it better when my husband's ex uses an attorney. She is such a headache when she goes pro se.

[sanemom]

It's actually not unethical in our state... .  it needs to be, but there's no point anyway.

I am just hoping with her living 100 miles away from him, his desire to help pro bono will be limited.   

[kj1234]

sanemon,

What did the attorney claim in the motion as reasons for withdrawing?  I'd like to know a little more about this.

When I changed attorneys late in my case, with the agreement of my prior and new attorney, ex's attorney wrote a letter to the judge saying ex would "not consent" to my change of attorney.  She cited something in the law that says a motion must be filed to substitute an attorney if it is after the Early Settlement Panel conference.  My new L said she was misapplying the law and that it only applies when the L wants to unilaterally end the relationship.  However, ex's attorney wrote that she wanted the opportunity to give the judge the reasons to deny the substitution.  So, the judge required me to file a  motion.

This put me in an unusual position.  Though I had already dismissed old L, hired new L, filed the substitution papers and had the substitution entered by the court, I had to get the already dismissed L to submit a motion explaining why I should be allowed to dismiss him.  Really, new L wrote it and old L signed off on it.  When ex gave her reply, she gave no legitimate reason and no legal argument, she contradicted herself badly, and even wrote that maybe the substitution would be good and help move the case along.  Yet she asked for me to pay her legal expenses for having to reply to the motion she forced me to submit.  Plus they piled on a bunch of their own demands in a cross motion and complained that her legal expenses were all due to me submitting unnecessary motions, while she had never submitted one.

The judge rejected their argument pretty succinctly in a letter, said he would not hear oral argument, and deemed her cross motion a "motion" .  That whole exercise cost me several thousand dollars.

I intend to include this in a list of recommendations to the rules committee; i.e., they should clarify that law and put the burden on the objecting party to file a motion to stop a substitution when it is a bilateral decision of client and attorney.  After all, what's the likelihood the court will deprive a client of having representation of his/her choice unless there is some very extreme circumstance? 

In my case I believe it was just another senseless, destructive game that cost me a lot more than it cost her.  Plus some pretty bizarre blaming and pretzel logic that I don't think anyone missed.

[GustheDog]

If you know the BPDx is sleeping with the lawyer, you need to have him taken before your state's bar. It is unethical for a lawyer and client to have sexual relations.

Unless the sexual relationship predated the attorney-client relationship, in most jurisdictions.

[Forestaken]

A lot of lawyers can charm a dog off a meat truck.  Like others before, unless you have solid proof, you better ignore it or you'll look bad.

[Forward2free]

If the lawyer is in a relationship with your ex, potentially it could be in your best interests. It might force her to

a) end it quickly,

b) provide her lawyer with 24 hours in the day to talk some send into your ex,

c) make it more about her 'best interests' rather than defensive

d) put a strain on their relationship and she'll have extra stressors which could be unsettling to her demeanor

Time will tell... .  

[BentNotBroken]

ugh! Good luck. I am dealing with a "kid" atty that my BPD ex just hired. He is totally buying her BS and is hungry for a win, no matter what.