Saturday, August 16, 2008

Can a lawyer withdraw from a case 1 day before a pre-trial? -

Is this normal? Attorney sends you 3 letters informing you he wants to withdraw. First letter arrives the day before the pre-trial. Second letter arrives few days later. And the third letter arrives 2 days before the trial date. The third letter states his motion to withdraw and says the client is to appear before the judge, so lawyer can get off case. If the client misses the hearing, will a warrent be issued and sent to jail?

Assuming this is criminal, then the general answer to your question is yes. A lawyer withdraw for any number of reasons, including that he does not like you. The judge will probably allow this so long as your case is not severely prejudiced (e.g. it is the morning of trial). If you paid him, then getting the unspent money back is a civil matter between you and him, although he does have an ethical obligation to return your money. With respect to the warrant, yes you must be there, even if he is going to withdraw. You should always be at court unless your lawyer tells you explicitely that you do not need to be.

Need to know what state? What type of matter?

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