What to Do When Your Lawyer Withdraws from Your Case: Options and Next Steps

Finding yourself in a legal proceeding can be a stressful experience. Hiring an attorney and relying on their expertise to navigate the complexities of the legal system can bring a sense of relief. However, what happens if your lawyer unexpectedly withdraws from your case?

This can leave you feeling confused, frustrated, and overwhelmed. But don’t panic – there are steps you can take to ensure your case continues smoothly.

If you or a loved one is facing criminal charges and your attorney withdraws from your case, contact The Defenders. Depending on the circumstances, our experienced criminal defense lawyers may be able to step in and take over your case.

Understanding Why Your Lawyer Withdrew

Before we explore your options, it’s important to understand why a lawyer may withdraw from a case. While each situation is unique, there are a few common factors that may lead to a lawyer’s decision to withdraw.

The Rules of Professional Responsibility advise lawyers to assist clients until their legal issues are fully resolved. Yet, these rules acknowledge cases where retaining the attorney-client relationship would be detrimental to either party.

These situations may include:

Reason #1 – Non-payment Of Attorney’s Fees

After the initial consultation, when you retain an attorney, you typically agree upon an hourly rate and sign a contract obligating yourself to pay the fees and expenses. If you fail to make timely payments, your lawyer may request to withdraw from the case. Attorneys are entitled to receive compensation for their services, and falling behind on payments can strain the attorney-client relationship.

To avoid this situation, it is essential to have open communication with your attorney regarding financial obligations. If you encounter difficulties in meeting the agreed-upon payment schedule, promptly discuss the matter with your lawyer and work out a plan to catch up.

Reason #2 – Withholding Information Or Acting Untruthfully

An attorney relies on their client’s full disclosure of relevant information to effectively represent them. If a client withholds important facts or acts untruthfully, it can hinder the attorney’s ability to develop a proper legal strategy. Attorneys have a duty to maintain the integrity of the legal process and cannot assist a client in presenting false evidence or acting fraudulently.

Clients should understand that their attorney is bound by professional rules of conduct and legal ethics. It is crucial to be completely honest with your lawyer, as any misrepresentation of facts can have severe consequences for your case.

Reason #3 – Disagreements On Legal Strategies Or Conflicting Personalities

A strong attorney-client relationship is built on mutual understanding and agreement on legal strategies. If an attorney and client cannot reach a consensus on the approach to the case or frequently clash due to conflicting personalities, it may hinder the attorney’s ability to provide the best representation.

Both the attorney and the client should be aligned on the legal strategy and the necessary evidence to present a compelling case. When fundamental disagreements arise, it may be in the best interest of both parties to part ways. In such cases, an attorney may file a motion to withdraw from the case.

Reason #4 – Conflict of Interest

A conflict of interest occurs when an attorney’s personal or professional interests interfere with their ability to provide unbiased representation. For example, if an attorney discovers that they have a close personal relationship with a witness for the opposing party, it may create a conflict of interest. In such situations, the attorney may need to withdraw from representing the client to ensure ethical representation.

Another example of a conflict of interest is when an attorney is already representing another client with opposing interests in the same case. Attorneys have a duty to avoid conflicts of interest and must withdraw from representation if such a situation arises.

Reason #5 – Client’s Decision To Terminate Representation

Sometimes, a client may feel dissatisfied with their attorney’s performance and decide to terminate the attorney-client relationship.

In such cases, the attorney will file a motion to withdraw from the case. It is essential to note that even if the client is responsible for the attorney’s withdrawal, seeking a second opinion from another competent attorney is highly recommended.

Can a Lawyer Withdraw from a Case in the Middle of Proceedings?

When a lawyer wishes to withdraw from a case in the middle of proceedings, they must obtain the court’s permission. If a case is well underway or near the trial date, the court is unlikely to grant a lawyer’s motion to withdraw. Allowing such a withdrawal could cause unnecessary delays and prejudice either party involved.

However, under certain circumstances, the court may permit an attorney to withdraw from a case. The attorney must provide substantial evidence justifying their motion to withdraw.

How Does an Attorney Withdraw from a Case?

When an attorney decides to withdraw from a case, they must follow specific steps:

Valid reason for withdrawal: The attorney must determine that there is a valid reason for their withdrawal from the case.
Notice to the client: The attorney must notify the client of their intent to withdraw and explain the reasons behind their decision.
Filing a motion to withdraw: The attorney must file a motion to withdraw with the court, formally requesting permission to withdraw from the case.
Granting or scheduling a hearing: The court may either grant the motion to withdraw without a hearing or schedule a hearing to determine whether the withdrawal should be allowed.
Presenting evidence: If a hearing is scheduled, the attorney must present evidence justifying their withdrawal. The client will also have the opportunity to oppose the motion and explain why the attorney should not be allowed to withdraw.
Court ruling: The court will make a ruling, deciding whether the attorney will be permitted to withdraw from the case.

In cases where a trial or other proceedings are imminent, the court may deny an attorney’s motion to withdraw if it would cause undue delay or prejudice the involved parties. Discharge of an attorney cannot be used as grounds to postpone a trial or hearing.

What to Do If Your Attorney Files a Motion To Withdraw

If your attorney files a motion to withdraw from your case, it is essential to take prompt action. You may choose to oppose the motion and explain why you believe your lawyer should continue representing you. Alternatively, you can agree to their withdrawal and seek new legal counsel.

Regardless of how you respond, it is crucial to discuss the matter with your attorney and understand the reasons behind their decision. Your lawyer must fulfill their ethical and professional duties to represent you effectively, and it is important to maintain open communication throughout the process.

Consider Your Options

Take a moment to pause and reflect on the situation. Ask yourself the following questions:

Why does the attorney want to withdraw from your case?
Can you resolve any issues that led to the attorney’s decision?
Are you comfortable with any conflicts of interest that may have arisen?
Do you still want to continue working with this attorney?

Determine Your Next Steps

If you decide to continue working with your attorney, consider taking the following steps:

Meet and discuss: Request a meeting with your attorney to discuss the reasons behind their desire to withdraw from the case.
Resolve any issues: If the attorney’s decision stems from an issue that can be resolved, such as non-payment of fees, explain your plan to rectify the problem.
Conflicts of interest: If the withdrawal is due to a conflict of interest, consider whether it is a significant conflict that you are comfortable with. It may be necessary to waive any objection to the conflict in writing.
Oppose the motion: If your attorney is unwilling to continue representing you, and you believe the withdrawal is unfair or detrimental to your case, you have the option to file an opposition to the motion to withdraw.
Appear in court: If the court schedules a hearing for the motion to withdraw, it is crucial to appear in court and explain to the judge why you believe the attorney should not be allowed to withdraw from your case.

Facing a Criminal Case Suddenly Without a Lawyer?

If your attorney’s withdrawal is granted, you will need to seek new legal representation immediately. If you are facing a criminal case, it is critical to have a lawyer by your side as soon as possible.

A criminal case can severely impact your life and future, and having competent legal counsel is crucial in navigating the complex legal system. Take the time to research and find an experienced criminal defense attorney who can provide you with the best representation.

Seeking New Legal Representation

When seeking new legal representation, consider the following factors:

Experience and expertise in handling criminal cases similar to yours.
Availability and willingness to take on your case promptly.
Fee structure and payment arrangements.
Communication style and open communication policies.

It is essential to be thorough in your search for a new attorney and make sure you feel comfortable and confident in their abilities to represent you. Do not hesitate to seek a second opinion from another competent attorney if necessary.

The Defenders Can Help

At The Defenders, we understand the importance of having reliable and skilled legal representation in a criminal case. Our experienced attorneys have successfully defended numerous clients facing criminal charges and are ready to provide you with top-notch representation.

If you find yourself facing a criminal case without a lawyer, contact us immediately for a free consultation. We will review your case and discuss all available options to fight for your rights and protect your future.

Contact our office today and let us help you navigate through this challenging time.