The United States Constitution and the Texas Constitution and statutes guarantee the right to counsel for anyone accused of a crime that could result in incarceration who cannot afford to hire an attorney.
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.
Court clerks randomly assign each new case to one of the county's judges. Then, depending on each state's laws, any party in a civil case, and any defendant in a juvenile or criminal case, may be able to “file a substitution” in order to avoid the assigned judge and require random reassignment to another.
If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
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.
The Motion to Substitute Party Plaintiff is frequently a maneuver by the Plaintiff law firm to sneakily back out of an incorrect filing, where the wrong party was named as the Plaintiff at the outset of the action.
“Dismissed for want of prosecution” or DWOP means your case is dismissed by the judge because nothing has happened in your case for a while or you missed a hearing or trial (of which you had notice).
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.