Can an attorney withdraw from a case without providing a reason? 12 Answers as of April 04, 2013I had an injury at work and my employer is self insured. They are refusing to approve surgery which had been recommended by a physician of their choice. An attorney accepted the case and sent us to therapist and doctor of his choice. This doctor also referred out for surgery as of Friday morning. The attorney wrote letter of withdrawal on same date.
Gregory M Janks, PC | Gregory M Janks
You should re-read the Retainer Agreement you likely signed when you hired the lawyer. Michigan law will most often enforce the terms of any written agreement between parties. If the agreement says the lawyer may withdraw under certain conditions, then the question is whether those conditions exist. Generally the law does not require that an attorney give a client a reason for withdrawal, however, good business practice would be for the attorney to simply explain the situation requiring withdrawal and obtain the clients consent to withdraw. If the lawyer has entered an Appearance for the client in any legal proceeding, there would more than likely be rules that require the attorney stay on the case unless either the client consents to the withdrawal and/or the tribunal orders the withdrawal. In a formal legal proceeding you would/should be given notice of the attorneys withdrawal request and when same will be heard/argued before the tribunal so you can attend and state your preference. Of course, you may hire alternate counsel if your lawyer withdraws.
Answer Applies to: Michigan
Manuel J. Rodriguez, Jr. | Manuel J. Rodriguez, Jr.
I am not sure what you mean by the doctor referred out for surgery. However, it seems that you have a serious surgical medical issue that must be addressed in an expedited manner. It seems a bit strange that your present attorney wants out of your case in the face of a surgical dispute. If your attorney has filed documents with the WCAB and is your official attorney of record, your consent to the withdrawal of representation may be necessary before your attorney may end the attorney/client relationship. There are many factors that affect your rights and obligations relative to your workers' compensation claim, and the surgery issue. I am a certified specialist in workers' compensation. There is no charge if I take on your case and I do not get a recovery for you.
Answer Applies to: California
Paul Whitfield and Associates P.A. | Paul L. Whitfield
It is supposed to be a free country. It was before the progressives took over. The lawyer can withdraw any time he please and you can terminate him at any time. he obviously does not think you have much of a case or he would not withdraw.
Answer Applies to: North Carolina
Adler Law Group, LLC | Lawrence Adler
If the case is in suit he need to get court permission to withdraw. He can otherwise withdraw for any reason, subject to the terms of your retainer agreement. You can get a new attorney and first will not get a fee in all likelihood.
Answer Applies to: Connecticut
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
There is nothing prohibiting an attorney from withdrawing from his/her representation. If there is a formal lawsuit pending, sometimes the attorney must request permission from the judge to do so. Otherwise, the attorney if free to terminate the relationship.
Answer Applies to: Ohio
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
He probable determined that your employer is going to settle and he does not want to litigate. Its probably best you need to go to a firm with some deep resources who can afford to litigate the case.
Answer Applies to: Utah
Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
In general, Attorneys may withdraw upon appropriate notice and subject to the Court not prohibiting the withdrawal. The Judge may not permit the withdrawal if there isn't time to obtain replacement counsel before some major activity e.g. a hearing or trial. You don't want an attorney who doesn't want to work on your case so my suggestion is that you quickly get replacement counsel.
Answer Applies to: Georgia