Celebrating 10 years! 2007-2017

Can I make a motion to withdraw when a motion to dismiss is pending?

I'm pretty sure the answer is no, but... We have a clien 3lol06/29/17
Most likely not unless your client has successor counsel in lolasaurusrex06/29/17
Ask the court to continue the MTD on the basis this clown fi vohod06/29/17
Good thinking! And google be my friend today... http://ww 3lol06/29/17
3lol (Jun 29, 2017 - 9:54 pm)

I'm pretty sure the answer is no, but...

We have a client who stopped paying his bills and returning phone calls. I was nice to the other side's attorney and, after having given him a few stips to extend his time to answer, informed him that I was going to make a motion to withdraw. This piece of garbage just filed a motion to dismiss, now I'm pretty sure that I have to draw up papers go into scumcourt in Brooklyn knowing that I won't ever be able to collect on the hours I bill.

Anyway, I don't suppose there's any way of me weaseling out of it by rushing a motion to withdraw in the meantime?

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lolasaurusrex (Jun 29, 2017 - 10:07 pm)

Most likely not unless your client has successor counsel in place

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vohod (Jun 29, 2017 - 10:45 pm)

Ask the court to continue the MTD on the basis this clown filed it to prey on a de facto unrepresented party. Simultaneously withdraw on the basis of a breakdown of the attorney-client agreement.

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3lol (Jun 29, 2017 - 10:54 pm)

Good thinking! And google be my friend today...

http://www.schlamstone.com/court-cannot-rule-on-pending-motion-after-relieving-counsel/

Cross moved to be relieved of counsel and for 30 day stay under CPLR. Bingo.

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