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Can an attorney withdraw from his case?

An attorney can withdraw from his or her cases only if the court grants the attorney’s motion or order to show cause for withdrawal.  For every case the attorney wants to withdraw from, a motion or order to show cause needs to be made by the attorney and granted by the court.

In a recent case, an attorney wanted to withdraw from a case he had where his client’s son was incarcerated and while incarcerated the son underwent medical treatment which resulted in his death, as reported by the New York Law Journal in a May 8, 2013 news article. As a result, the client sued for medical malpractice. The court did not allow the attorney to withdraw from this case because the case was already past the discovery phase and it was proceeding to trial.  Some instances where the court will allow an attorney to withdraw are: the client is not cooperating and it is tough for the attorney to proceed with the case.  In the present case, the attorney claimed that he proceeded with this case because he thought the state of New York would settle but the state did not want to. Moreover, the court stated that proceeding with a case hoping that it would settle is not a good reason as to why the attorney should be allowed to withdraw from the case. In addition, if the order to show cause is granted, then the attorney will desert his client close to the trial date.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.

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