Why Would an Attorney File a Motion to Withdraw?

Nowadays, especially in big cities, people have lots of choices when picking a lawyer.

If things aren’t going well with their current lawyer, they can stop working with them and hire someone else.

In some cases, an attorney may file a motion to withdraw from a case due to various reasons such as money problems or conflicts.

An image illustration of why Would an Attorney File a Motion to Withdraw
Reasons why an attorney would file a motion to withdraw.

What does an attorney withdrawal mean?

Sometimes, the lawyer decides it’s better for them and the client to stop working together.

So, the lawyer steps back from the case, ends the relationship, and no longer represents the client.

Why do people seem to be very upset when a lawyer withdraws?

When a lawyer leaves before the case is finished, clients get stressed.

They have to find a new lawyer and often feel like they’re starting over. They worry the judge might think they did something wrong.

Usually, lawyers leaving doesn’t bother the judge, unless the client changed lawyers a lot with good ones.

Clients also worry about delays and building a new relationship with a new lawyer and team.

It’s normal for the client to feel left and disappointed.

What are some common reasons why attorneys withdraw?

Lawyers often stop working for clients because of money problems or conflicts.

Lawsuits, especially those with hearings or trials, cost a lot of money.

Many people don’t plan for needing a lawyer, so they might run out of money for the legal costs.

Law firms have fixed expenses, and lawyers can’t work for free.

People often think all lawyers are rich, but that’s not true.

Lawyers have staff to pay, and they can’t stay in cases where clients can’t pay, even if they like the client or the case.

Sometimes, lawyers in firms can’t make financial decisions for the business.

Conflicts of interest happen when a lawyer can’t fight for and against a client at the same time.

Conflicts don’t always mean fights; they can be for different reasons, like financial or potential issues.

Are there other reasons why lawyers withdraw?

Sure, there are many reasons why a lawyer might stop working on a case, and not all of them have to do with the client.

Some reasons include:

  • The lawyer or their family is sick.
  • Threats to the safety of the firm, its employees, or others in the case.
  • Rude treatment of staff or lawyers by clients or their family.
  • Clients not sharing important information or lying.
  • The case becomes too complicated or needs skills outside the firm’s focus.
  • Interference by a third party.
  • The client isn’t responding or cooperating.
  • Trust issues between the client and lawyer.
  • Asking the lawyer to break the rules or act unethically.
  • Staffing problems or too many cases for the firm to handle.
  • Client not honoring an authorized agreement or acting in bad faith.
  • Case moving to an undesirable court or jurisdiction.
  • Client threatening to complain or take legal action against the lawyer.
  • Client asking the lawyer to do something illegal.
  • Client not helping with their own case, like providing documents.
  • Making threats against anyone involved in the case.
  • Posting negative information online about people in the case.
  • Client seeming to struggle with untreated mental illness or substance abuse.

What are some things you can do to prevent your lawyer from withdrawing?

Lawyers usually don’t want to quit a case unless it’s necessary.

They become lawyers to help people, and they took on your case for that reason!

To keep your lawyer from leaving, make sure you do your part.

Here are some simple tips:

  • Pay your bill on time, and if money is tight, talk to your lawyer about it. Figure out your options together.
  • Don’t treat your lawyer like the enemy. They didn’t create the family law problem; they’re here to help you solve it.
  • Don’t accuse your lawyer of siding with the other party. A good lawyer looks at all the evidence, not just what you say.
  • Stop others, like your new spouse, parent, sibling, or friend, from getting involved in your case.
  • Be honest and open. Help your lawyer help you.
  • Don’t compare your case to others unless all the facts are the same.
  • Don’t rely on what the internet says.
  • Resist the urge to say bad things about people involved in your case on social media.
  • Remember, you’re not the only client, and your lawyer has a family too.
  • Respect the legal system. Both sides present their case in court, and the judge decides. The lawyer isn’t the judge.
  • Understand that you wouldn’t work for free, and neither would your lawyer.
  • Work not just with your lawyer but with the whole legal team to move your case forward. You don’t want to pay your lawyer to do tasks an assistant could handle.
  • Communicate, communicate, communicate. The phone works both ways. Your lawyer can’t read your mind, so talk about concerns before they become big issues.

Further Reading!