Withdrawing from a case?


#1

I dont’ believe the lawyer HAS to withdraw. She may recommend the case be dropped due to new evidence, though. I think the lawyer chooses to withdraw from the case, and goes through a formal withdrawal through the court. Lawyers defend liars all the time, so just because the plaintiff/defendent lies, it’s not the lawyer’s fault. He/She can choose whether or not to continue to represent the client. I’ve never heard of a forcing of withdrawal unless the lawyer has a conflict of interest that was not revealed.


#2

No, an attorney only has to withdraw if they become aware of a conflict of interest. While learning a client has been dishonest with you is distressing, it is not uncommon and not a grounds to withdraw.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Does a lawyer have to withdraw from a case in light of new evidence?
I called my mother’s attorney since I am representing myself and told her I wanted to discuss some inaccurate things in their intervenor motion and complaint papers.

Such as the fact that social services found no abuse & neglect and closed the case, (whereas their papers state otherwise), and that my mother has broken the court order plenty of times allowing me unsupervised weekend visits with my daughter, and I told her I have the pictures and the witnesses to prove it! Yrt my mother claims both I and my ex-wife are neglectful and abusive and aren’t able to physically care for her.

The lawyer seemed pretty surprised and said that she was not aware of these things and that she would check with social services regarding the closed case.

Also, I told her that I have a nearly 8 month old son living with me, who is my mother’s grandson, which I think ALSO sinks holes in that ship, because if I’m not able to financially and physically care for any child then why do I have one living with me and my ex-wife has two, and all are cared for? The lawyer said 'interesting, I wasn’t aware of this either". My mother was an idiot to leave out such details especially the fact that she has ANOTHER grandchild from me who lives with me, when she’s claiming she is so concerned for her granddaughter’s welfare and blah blah blah. She did it because she KNEW it was going to look pretty strange that she is so concerned with keeping this one away from me when she doesn’t seem to mind about the other grandchild. Am I wrong??

Since my mother has been lying to her, or leaving out info, and this is a Legal Aid lawyer, do you think she’ll have to withdraw? My ex wife and my fiancee and I figured that the lawyer would see some of the more important details of my mother’s claims are untruthful and therefore she really doesn’t have a good case, and will tell her she’s withdrawing and advise my mother to drop the court proceedings? So far it’s been a couple of days and nothing has happened but I mean, wouldn’t this lawyer HAVE to withdraw? Especially since she’s a legal aid attorney and she’s being scammed??