It’s a divorce case with almost no money involved. The person who posted this was a stay-at-home parent when they separated, and now they’re pushing hard on issues about the kids because of some serious reasons.
I can’t believe how the other lawyer has let their client make such wild choices. Their client acts in a way that I can’t fully describe without making it obvious which case this is, but I’ll share the main parts of how we ended up here. The other client is demanding, unreasonable, doesn’t cooperate, and doesn’t seem in touch with reality.
The other lawyer first tried to withdraw at the end of September because their client wasn’t paying them. Before the judge decided on that, the other client filed handwritten objections, suggesting guilt for contempt and perjury, plus saying the other lawyer told him to leave out overtime from the child support calculation. (To be clear, the objections weren’t about the lawyer leaving the case but were against orders to appear, show cause, and make major changes in the temporary orders.) The other party is paying about half of what they’re supposed to.
The lawyer recently tried again to withdraw, mentioning that communication has broken down and their client isn’t providing needed documents. The client was ordered to produce some documents six months ago and still hasn’t.
It’s been almost six weeks since the first request to withdraw, and there’s a hearing soon. I’ve never seen something like this in a low-stakes divorce. Is the judge actually keeping the other lawyer around to make them answer for their client’s actions? Could this affect the lawyer’s career, and why didn’t they fully vet this client?
Murphy said:
Withdrawals should usually be allowed without issue. Maybe this lawyer has history with the judge.
I’ve never seen this judge let a request to withdraw sit for more than a week, let alone nearly six weeks. The opposing party is causing a lot of trouble, piling up contempt charges like they’re in some game. It feels like the judge wants the lawyer to stay, and I can’t imagine how that looks.
@Perrin
Judge probably wants everything documented. They’ll let the lawyer go eventually, give clear instructions to the other party on avoiding penalties, and set a follow-up.
Reign said: @Perrin
Judge probably wants everything documented. They’ll let the lawyer go eventually, give clear instructions to the other party on avoiding penalties, and set a follow-up.
I agree. Seems like the judge will sort this out at the next hearing.
Reign said: @Perrin
Judge probably wants everything documented. They’ll let the lawyer go eventually, give clear instructions to the other party on avoiding penalties, and set a follow-up.
Exactly. My thought was, the judge wants all this on record, for all the reasons.
@Perrin
I worked for a judge who wouldn’t approve a lawyer’s withdrawal unless they submitted a perfect proposed order. Everything had to be flawless, no errors.
It could also be that the judge wants to address everything at the hearing, making it clear to the client what’s going on. Some clients even try to file complaints against the judge in these situations.
Murphy said:
Withdrawals should usually be allowed without issue. Maybe this lawyer has history with the judge.
This isn’t my case, but there’s a lazy attorney in my area who once tried to drop out of a $3 million wrongful death case on a Friday, with jury selection on Monday.
To be fair, it sounds like the lawyer tried to do their job. Their client has gone completely off track, they won’t act responsibly with you or the court, and the lawyer is trying to show they’re not part of this mess.
@Rory
I guess that’s fair. Most recent example: the lawyer trusted their client when they said a criminal investigation was over, but it wasn’t. Then they found out about past domestic violence reports.
@Perrin
That’s a solid reason for not letting the lawyer off the case. They jumped in without a big retainer or due diligence, and now they’re seeing why others turned the client away.
In my experience, the person who posted this doesn’t have a lawyer. Even if they had money, I doubt anyone would take them. They’ve had five different court-appointed attorneys drop them, the latest one tried to leave but the commissioner said no.
“Because he needs an attorney, and too many have left.” He’s awful to work with. Can’t imagine being stuck with such a difficult client and being paid less due to court appointment.
Slate said:
In my area, if the client doesn’t agree, you have to hold a hearing for the lawyer to leave.
Yep, same here. You submit your motion, then set it for a hearing. I haven’t had a client challenge it yet, but I suppose a judge would let them if they tried. If it’s close to a hearing date, judges sometimes won’t let you out because it could delay the case. Doesn’t sound like the judge denied it here, just hasn’t decided yet. Pretty normal where I practice.
Marley said:
Been there, had a judge deny my request to withdraw, even with a client who was just as difficult. Judge claimed my client would be harmed if I left.
Good luck, but it sounds like a long road ahead.
Sorry you went through that. How close were you to the end? This case should’ve ended in June, but now it’s set for February.
The person who posted this should have assets, supposedly. But really, this is just a glimpse of all the trouble they’re causing.
@Perrin
We were close, but it was stuck on some timeshare weeks no one could agree on. They were both in their 70s and still battling it out.
Eventually got resolved, oddly enough, after one of them passed away. The court still thinks it has jurisdiction, and it’s a whole thing. Wish I was joking.
Had three hearings so far, still no end in sight. My client’s behavior hasn’t improved at all either.