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  1. #1
    Join Date
    Sep 2008
    Location
    Ga
    Posts
    2

    Default Can a Lawyer Withdraw from Case 12 Hours Before Court Date?

    My question involves malpractice by a lawyer in the state of: Ga

    Can a lawyer withdraw himself from a case 12 hours before court date with out notice, after we paid him to represent us.

    I just got a call from his legal aid to tell me they withdrawed.... He did say they tried to get opposing counsel to withdraw... and of course they refused.

    So now it is 4pm and the court is 9 am...

    I had an appointment with him on another case and was hoping he would go over this one.... since we have not discussed or prep for tomorrow trial..

    Well our appointment was at 5pm yesterday.... I showed up early.... the receptionist told me he left and he nothing on the calender.

    I did speak to another lawyer who had a conflicting mediation... but told me the lawyer is supposed to give 10 day notice... and signed by judge... is this true

    Looks like I will be PRO SE... any advise would be appreciated.

  2. #2

    Default Re: Can a Lawyer Withdraw from Case 12 Hours Befroe Court Date?

    No. You need to file a complaint witht he state bar assuming there are not any other facts we should know. If he was on the record as being counsel you can ask the court for a continuance.

  3. #3
    Join Date
    Sep 2008
    Location
    Ga
    Posts
    2

    Default Re: Can a Lawyer Withdraw from Case 12 Hours Befroe Court Date?

    Quote Quoting lwpat
    View Post
    No. You need to file a complaint witht he state bar assuming there are not any other facts we should know. If he was on the record as being counsel you can ask the court for a continuance.
    Yes there is other factors... this is a second hand case

    Briefly we built a new home paid painter 2/3s... could not get him to come back
    He got an part time lawyer to file lien on my home before CO and closing perm..

    Went to 1st lawyer... For near 3 grand retainer have lien removed 15 days...
    and cover lawsuit for malicious lien... when retainer ran out... more money must be put in if I want to continue.....4 months later I call on some folks to help.... the lein was removed....
    Unexpected we got a bill for another 10 grand.... redneck came out.. got a new lawyer...

    Keep this in mind I could not close on perm.... my interest note was 4 grand a month

    New lawyer... promised to kick tail of 1st lawyer and opposing lawyer...

    Well I gave new lawyer close to 3 grand..... week later new lawyers small partner called and advise me to drop case.... red neck came out again..
    I gave you this $$$$ to tell me this.... They refused to refund...

    This was about a year ago...
    Have not heard a thing about the case... until a few weeks ago... we had a summery judgment hearing where the opposing counsel want to remove the personal exposure.... (The 1st lawyer had painter sewed personally at my request)

    My new lawyer in the court room ask us about the details of the case.. DO WHAT!!!
    The opposing lawyer got up and rambled to the point the judge told him to stop... after that my new lawyer and agreed to remove personal liability..

    After that I was about to explode.... the judge ask if there any other issue..
    I stood up and said "Yes Sir" I do not agree with my lawyer...
    The judge jumped on me.... than my wife and new lawyer made me sit down.

    My new lawyer is openly gay.... and I notice at the hearing that the opposing lawyer had feminine motions and no wedding ring...

    My new lawyer told the judge that my first lawyer created massive interrogatory mess.... when actually it was the opposing lawyer who sent 150 pages of redundant interrogatories....

    Keep in mind the lien was 5 grand.... I have spent 10 grand and still have not been to court.... not to mention 16 grand interest... and estimated 30 to 50 grand to complete my home

    Please help!!!!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,075

    Default Re: Can a Lawyer Withdraw from Case 12 Hours Befroe Court Date?

    I'm not sure why you think your speculation about your lawyer's sexuality is relevant. What's more relevant is your blowing up in court and badmouthing your lawyer. (Were you calling him 'gay' in court as well?) How is your lawyer supposed to maintain a good attorney-client relationship with you after that?

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