Michigan Motion to Withdraw as Attorney

State:
Multi-State
Control #:
US-00831
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample motion for withdrawal of the attorney of record from a criminal case, citing the defendant's failure to contact the attorney and consequent inability to prepare the defense. Adapt to fit your circumstances.

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FAQ

A motion to disqualify counsel is the proper method for a party to bring to the court's attention an alleged conflict of interest or breach of ethical duty by opposing counsel. See DeBiasi v. Charter County of Wayne, 284 F.

(1) A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact in a writing that contains the words "This power of attorney is not affected by the principal's subsequent disability or incapacity, or by the lapse of time", or "This power of attorney is ...

This matter is governed principally by MRPC 3.7. That rule provides as follows: Rule 3.7 Lawyer as Witness. "(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9."

Specifically, the Michigan rules also state that your lawyer isn't permitted to ?(1) reveal a confidence or secret of a client; (2) use a confidence or secret of a client to the disadvantage of the client; or (3) use a confidence or secret of a client for the advantage of the lawyer or of a third person, unless the ...

Rule: 4.4 Respect for Rights of Third Persons In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."

Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

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Michigan Motion to Withdraw as Attorney