My lawyer has sent me motion to withdraw and after 10 days she has mailed it to court. I told her that I am not giving her consent to withdraw as she is representing for 5+ years on tough divorce case and I might have trial for modification in 1 or 2 months. Nothing has been scheduled yet. What will be next steps? Do I have to file response to her motion in 10 days? Will Judge have hearing on the motion to withdraw? When and how will I know that she is really out of case? Till final decision is made, is she still responsible to present me?
Answer
Lawyers do not become involuntary servants after they serve as your lawyer for 5 years, or because something "might" come up later. There is a reason the lawyer wants to withdraw, so you'll need more than that (such as a a trial scheduled next week). You can file a response, and the Judge might set a hearing at which time you and your lawyer can air your differences to all (including the opposing party). Why would you want a lawyer that you have to force to be your lawyer?
Answer
You had ten days to object to your attorney's motion to withdraw. As you stated that she has already mailed the order allowing withdrawal to the judge it seems that time has come and gone. But why would you want to force an attorney to represent you when she clearly wants to withdraw from your case? Most clients are well aware of the reason their attorney wants to withdraw from their case. Usually the client has unrealistic expectations or more likely they have failed to pay their bill. The judge will most likely allow her to withdraw so my advice is to retain new counsel as soon as possible.
Answer
I agree with the other two lawyers. You can't force a lawyer to continue to represent you. However, you can object to the withdrawal. Thereafter, the judge will determine if the lawyer can withdraw. However, as stated before, why continue with a lawyer who doesn't want to represent you. It doesn't make sense.
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