Is it illegal for an attorney to step down from being my attorney without going up under a judge for a hearing? Is it illegal and what are some penalties?
A lawyer can only exit a court case once he has appeared by court order, substitution by another attorney, revocation or suspension of his license to practice law, disability or death. If he just stops working for you and fails to show up in court that is an ethical lapse and he can be held accountable before the disciplinary authorities and be sued by you for any damages you sustain.
It depends how far your case has gone: if it is just a matter of letters and phone calls, you can demand that your attorney turn over your file, and go to another lawyer. If papers have been filed with the court, then you have "an attorney of record" who would need permission from a judge in order to withdraw.
If the case is already in suit, the attorney cannot withdraw unless a judge signs an order or you sign a consent to change attorney form. If the case is not in suit, most retainers have a subject to investigation clause and the attorney can likely withdraw any time except that the attorney cannot abandon you too close to the statute of limitations.
Whether an attorney can withdraw from a case is dependent on the circumstances. If an attorney feels the case has no merit or that he has a conflict of interest he would be in his rights to withdraw. You have entered into a contract with the lawyer and if he does not feel that he can adequately represent you he can step aside.
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