Withdrawal is also permitted if the lawyer's services were misused in the past. The lawyer also may withdraw where the client insists on pursuing a repugnant or imprudent objective or one with which the lawyer has fundamental disagreement.
What does “opposing counsel” mean? “Opposing counsel” refers to the attorney or lawyer representing the opposing party in a lawsuit.
Under the American Bar Association Formal Opinion 90-357, "of counsel" is an appropriate title for a lawyer with a law firm when “the relationship between the two is a close, regular, personal relationship and the use of the title is not otherwise false or misleading.”
When an attorney desiring to withdraw is to be replaced simultaneously, the succeeding attorney must file a motion to substitute counsel. If the presiding judge grants the motion, the order effects both the substitution of the succeeding attorney and the withdrawal of the attorney being replaced.
Texas Rules of Civil Procedure 21a allows service to be accomplished by delivering a copy to the party to be served or to the party's duly authorized agent or attorney of record.
The Opponent means any Defendant or proposed Defendant in an action brought or contemplated by the Claimant in respect of his or her claim for damages for personal injury, death or disease.
Can you file a motion to disqualify opposing counsel in Texas? Yes, in Texas, you can file a motion to disqualify opposing counsel if there is a conflict of interest or ethical violation that warrants their disqualification. This motion aims to ensure a fair and impartial legal process for both parties involved.
A formal advice of counsel defense requires the defendant show that he: 1) made a complete and honest disclosure to his counsel concerning the matter at issue; 2) sought advice regarding the legality of his conduct; 3) received advice that the conduct was legal; and 4) relied on that advice in good faith.
Failure to obtain a Certificate of Occupancy before occupying a building is a violation of Texas Local Government Code 233.064 and may result in penalties.
A criminal action may be continued on the written motion of the State or of the defendant, upon sufficient cause shown; which cause shall be fully set forth in the motion. A continuance may be only for as long as is necessary.