Legal Question in Family Law in Virginia

Withdrawal of Councel

is it standard practice for your attorney to withdrawal as your councel in the final decree?


Asked on 2/25/05, 7:47 am

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Withdrawal of Councel

When a case is over, that is brought to the conclusion of the contractual terms, the lawyer's job is over. Some clients think that once you hire a lawyer he is your lawyer for life. Like any employee, his term of service is dictated by the contract that is formed. When the Final Decree is entered, the divorce is achieved and the term of service is over.

My contracts usually call me not only to achieve a divorce but extends to enforcement of the terms of any divorce decree or property settlement agreement for up to one year after the entry of the Final Decree.

In Virginia up until the entry of the Final Decree, a lawyer must have leave of Court to Withdraw as counsel and the judges will not grant the request in a great deal of cases. Reasons for withdrawal usually have to do with breakdown in the attorney client relationship or the lawyer not getting paid.

Withdrawal before Final Decree is not usual.

Good luck.

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Answered on 2/26/05, 7:54 am


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