Legal Question in Civil Litigation in Virginia

Attorney motion to withdraw denied in civil case

Can a judge essentially force a party in a civil case to retain a lawyer when the lawyer and the party agree that the attorney will withdraw?

We have been trying since July to get an arbitration award confirmed. The loser keeps filing motions and the judge keeps entertaining them. The judge even issued an order entering judgment, then 3 weeks later withdrew it because the loser filed another motion.

We keep having to pay an attorney to argue these motions. Once the original order entering judgment was signed, we figured it was over and agreed he should withdraw. Soon as he entered the motion to withdraw, the loser opposed it and filed a motion to reconsider the judgment order.

The judge obliged, ruled that the order should be changed as the loser wished, and told our attorney he could not withdraw ''until the case is over.''

Our attorney now has to draft a new order and get the loser to sign off on it so that it can be entered. In the past, when we've prevailed, the loser has just sat on the draft order so that we have to appear before the judge again to get it entered. Once the judge even reversed his original ruling when we did appear.

Is there any way to stop this?


Asked on 11/24/08, 6:36 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Attorney motion to withdraw denied in civil case

Very difficult situation and if it does not resolve itself soon you may wish to consider writing a letter of complaint to the chief judge of the particular court involved(assuming that that individual is not the judge presiding over the case).

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Answered on 11/24/08, 10:44 am


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