Legal Question in Family Law in Virginia

dissolving

can you stop your lawyer from dissolving their client?


Asked on 2/25/05, 11:02 am

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: dissolving

"dissolving" a client?

I am not sure how you mean that term. I assume you mean when a lawyer wants to withdraw representation. Once a lawyer is "of record" in a case, espedcially a divorce or custody case, he must seek permission of the Court to withdraw. If the client does not agree, the lawyer must set a hearing before the Judge. In many cases, if the end of the case is close, the Judge will deny the request. If this is not the case, then the Judge will have to hear evidence about why the lawyer wishes to withdraw. Usually there is a breakdown of the lawyer client relationship or the client isn't paying his lawyer. In these cases the Judge will allow the withdrawal unless the client can prove unjust prejudice. In most cases, you do not want a lawyer who does not want to represent you. You want an advocate who believes in you and will fight for you. Forcing a lawyer to stay in a case when he is no longer getting paid is like indentured servitude and a Judge will not go along with it.

Good luck.

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Answered on 2/26/05, 10:25 am


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