Legal Question in Civil Rights Law in Wisconsin

lawyers request to be dismissed

My father is going through a custody battle and divorce and his lawyer just dropped him and filed a letter with the court to be taken off the case. I need to know what motion she had to dile to be dismissed.


Asked on 2/28/09, 3:46 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: lawyers request to be dismissed

Normally if an attorney is an Attorney of Record in a case, she would have to file a Motion to Withdraw, and also provide an affidavit as to the basis for the request. Your father should be served with the Motion and Affidavit and given notice of the Hearing date. He will then have an opportunity to appear and provide information to the Court as to his objections to the withdrawal. One of the most common bases for a Motion to Withdraw, especially in family law cases, is that the client has not or is not paying the attorney's bill. Your father should certainly contact his attorney to get information as to why she is withdrawing. If the Court allows the attorney to withdraw, your father will normally be given time to locate and retain another attorney to represent him.

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Answered on 3/02/09, 10:14 am


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