Can opposing counsel deny the withdrawal of my attorney?
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Can opposing counsel deny the withdrawal of my attorney?
I just fired my attorney and there is a scheduled hearing in a month. My ex’s
attorney will not stipulate the withdrawal. My attorney said there are two
options to sign a Substitution of Counsel that states I are making an appearance
as my own attorney, and that I will comply with existing deadlines and scheduled
hearings or, my attorney could file a motion to withdraw and show up on the
scheduled hearing to argue it.
My questions 1. Can opposing counsel deny the withdrawal of my attorney?
2. What rights do I have to deny signing the Substitution of Counsel as it was
drawn up?
Asked on December 11, 2018 under Family Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
They are not "denying" it--they don't have the power--but they are not consenting to or agreeing to it; i.e. they are not facilitating it. Only the court can allow you--or deny you the right--to do this. The opposing counsel are the attorney for the other person--their ethical and professional obligation is to do what is best for their client, not you, the opposing party. So if they feel that a delay will harm their client's interests, they are doing the correct thing. If you and your counsel (the one you fired) disagree, they can make a motion to be allowed to withdraw and try to convince a court that they should be allowed to do so.
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