Legal Question in Legal Ethics in Michigan

Attorney withdrawing Civil COA case

I have an attorney who took on my civil case when it was discovered my ex-wife was sleeping with a police officer to get him to arrest me on bogus charges. This was done to strengthen her advantage in a custody battle. This was a well publicized case in Michigan and with the ex admitting to the allegations it looked like a sure thing. But my attorney failed to show up for mediation and the case was deemed frivolous. I was forced to post a $5,000 bond to proceed in Circuit court. Defending attornies motioned succesfully for dismissal despite the bond being posted. We then filed the case in the COA. Def. attornies then motioned successfully for costs which they would recover from the posted civil bond. My attorney guaranteed the bond and the bonding agency wants their $$ My attorney says he wants me to pay the money or he will withdraw my case from the COA. We also have a pending case in Federal Court against another officer involved. So my question is: ''Can my attorney withdraw a case without my consent? and does this border on malpractice? Thank You

Asked on 7/10/01, 12:57 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Attorney withdrawing Civil COA case

He can move to withdraw himself, but not your case. He would commit a grave ethical breach if he were to dismiss your appeal without your consent.

If you have further difficulty the Bar Association has help available. Don't hesitate to call them.

Answered on 7/10/01, 6:06 pm

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