Legal Question in Family Law in Washington
withdrawal of appearance
I have a withdrawal of appearance that starts out by saying ''comes now defendant above named by and through his attorney, undersigned, and withdraws the appearance heretofore made in this cause by defendant, and consents to the entry of a default herein.''
The attorney signed it, but then in the bottom left corner it says ''copy received and approved for entry'' and then the defendants name also appears handwritten on a line. I am wondering if the opeing paragraph means that the lawyer signed this document in absence of the defendant. We believe he was gone at this point, but need to be sure.
1 Answer from Attorneys
Re: withdrawal of appearance
Always ask yourself and know exactly what your goal is in litigation. Especially here, where opposing counsel is doing something unintelligible.
I take it that this is the withdrawal of opposing counsel - not your lawyer.
Also sounds like it was drafted by a non lawyer. I cannot imagine a circumstance where a notice of intent to withdraw is accompanied by a consent to default.
The only way an attorney can withdraw from a civil case is by giving notice of his intent 10 days before the withdrawal, and if the other party objects to the notice of intent to withdraw, then its by motion only.
The person who withdraws is the attorney; they don't need their client's approval to withdraw, but they do have to prove that the attorney sent the notice to the client.
Go read CR 71. You'll see the authority.
Or, for a vastly simpler answer - call opposing counsel and ask what the heck he's trying to do.
If he says he's no longer representing his client, call his client and ask what he's trying to do.
Consenting to a default is a non sequitur.
Hope this helps. Powell
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