Trial Would Attorney Withdraw From Case In Miami-Dade
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The Florida Supreme Court has held that, in a civil case, an attorney has the right to terminate the attorney-client relationship and to withdraw upon due notice to his client and approval by the court, which approval "should be rarely withheld and then only upon a determination that the withdrawal would interfere with ...
Rule 4-4.2, titled “Communication with Person Represented by Counsel,” is a foundational ethical rule for attorneys in Florida. Lawyers must obtain the consent of an individual's attorney before communicating with them directly, ing to the principle.
A lawyer may withdraw from representation in some circumstances. The lawyer has the option to withdraw if it can be accomplished without material adverse effect on the client's interests.
It is worth reiterating that a lawyer's decision to withdraw does not necessarily reflect negatively on you or the strength of your case. It is simply a professional decision based on the lawyer's (or the Client's) personal or professional circumstances.
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
Always terminate the relationship in writing. Even if you fire your attorney in a verbal exchange, you should follow up by sending a written termination letter. Be sure to send the letter by “certified mail with return receipt requested” so there's proof your lawyer received the letter.
The rule requires that a motion to withdraw be filed and served on the client and other parties of record. The court's approval will not be granted until client and counsel for other parties consent in writing or 14 days pass after service of the motion.
