Legal Question in Family Law in Arizona

Re: lawyer discharging himself without client consent

Unfortunately, I can't give you a definitive answer without reviewing your retainer agreement. Generally, an attorney cannot just withdraw from a case. There is also a question as to whether a clause in a retainer agreement allowing an attorney to unilaterally withdraw is valid.

That being said, the answer is an attorney probably cannot withdraw from a case without client consent.

lawyer CANNOT discharge himself without client consent

Once a case is filed the lawyer can only be relieved by consent of client or Order of Court (after personally serving his client with papers requesting same.)

Re: lawyer discharging himself without client consent

Withdrawal without client consent is based upon the circumstances of the case. If the case is one without a written retainer agreement and there is a pending case before a court, application must be made to the presiding judge with valid cause shown for the withdrawal. If there is a written retainer agreement, any notice requirements or other fee adjustments contained in the agreement would be addressed prior to an application to the presiding judge or court where the case is pending for "leave to withdraw." Most state procedural statutes will afford the newly discharged party time to secure new counsel. In any event a client in such a situation would be well advised to closely monitor the status of the case with the clerk of the court in question to avoid any procedural disadvantage brought about by the lawyer's departure.

If the case in question does not involve ongoing

litigation, client discharge would be contolled by the presence or absence of a retainer agreement. As in the case of a bad marriage, the unpleasant development would be aided by the presence of an agreement made in more placid moments.

Prudence and good judgment would dictate the participation of new counsel in this process.