What Happens When an Attorney Withdraws From a Divorce Case? 

There are specific procedures that an attorney must follow if they withdraw from your case. These procedures include giving the client the appropriate notice and notifying the court. They also have to file a motion to withdraw from representation and affirm other procedural safeguards. This article discusses these procedures.

(Collaborative divorce lawyer in family law is an alternative dispute resolution process (ADR), also called family dispute resolution process, where you and your partner work together to resolve your legal issues out of court with the help of your own collaborative family lawyers.)

Getting out of a retainer agreement 

If you have signed a retainer agreement with a divorce attorney, you need to make sure you know what that means. In many cases, the retainer covers almost all of the attorney’s expenses, including copying and service of process. It may also cover expenses such as parking near the courthouse and paying for depositions. In addition, it may cover the time of a paralegal, who bills at a lower rate than the attorney. 

Usually, attorneys have a retainer agreement template on their computer systems. These agreements are made to give them the maximum amount of protection in case of a legal dispute. However, most clients don’t take the time to read through these agreements and spot potential problems. If you are not aware of potential issues in your retainer agreement, you may be forced to accept an agreement that omits important details. 

Getting the judge’s permission before an attorney withdraws 

If your divorce attorney wants to withdraw from a divorce case, it’s important to get the judge’s permission first. While it’s unlikely that the judge will grant the withdrawal request, it’s important to note that the court can grant the withdrawal request if the judge sees fit. It’s also important to note that the judge’s decision does not necessarily mean that you should withdraw from the case. The judge may ask for more information. 

However, in some cases, a judge can’t approve an attorney’s withdrawal if the case is nearing trial. This is because the case is still ongoing, and a new attorney will not have time to review the case file or get familiar with the details of the divorce case. In such cases, the judge may postpone the trial date to give the new lawyer enough time to prepare. This could delay the divorce case for several months.