In the legal field there are cases when the advocate wants to complete the presentation or the customer wants to dismiss his counsel. There can be a large number of discourses for such, and both sides have problems. So that such a situation does not take you by surprise, and you clearly understand the plan of action with it, you need to know the rights and commitments of both the advocate and the customer in this matter.
Why do attorneys withdraw from representation?
The most overall reason for an advocate to refuse to represent the customer is a violation of the honorarium of the occupation agreement. The list of these conditions may include the following discourses: terms of payment, honesty and willingness of the client, timely response to requests from a protector, and so on.
Often, when a lawyer makes it possible for the other party to believe that the reason for the refusal is based precisely on a disturbance of the applying pact, in particular infringements of the terms of payment, although in reality this is not so.
This is done with the aim of protecting the customer, or rather his personal data. If the lawyer speaks out reasons, such as: refusing to follow the advocate’s reasons, committing unlawful acts or forcing them, he wants to mislead the court and the like. Such reasons can have a catastrophic effect on the client’s business. Most often, the court accepts a reason based on non-compliance with the labor agreement.
The protector just can’t move away from his customer, if this decision is made, the attorney should take the following steps to this:
1. The advocate must notify the customer and the court of his decision. It is advisable to do this in advance, otherwise it may harm the client’s case or the trial may not allow you to step back and force you to present the customer until the end of the trial.
2. An attorney shall file a petition with a trial. In this document, he cites the reasons why a decision was made to refuse representation. Also, the reasons given should not disclose individual data about the customer, without a compelled reason.
It should be noted that the advocate is not relieved of his duties to the customer until the judge signs a decision on his recall
How can a patron fire an advocate?
The customer can also fire his protector. The most common cause for this is the lack of proper communication and insight between the patron and the advocate. In the case of a patron, a court’s permission to dismiss an advocate is not required.
But the protector himself still needs to file a petition for his official dismissal. If the customer hires a new advocate to replace, they can file a replacement document to the old attorney, which simplifies the process of formal dismissal through the court.
Most often, after a patron decides to refuse a lawyer, the latter may ask you to sign a document. This paper obliges the client to agree that he understands the possibility of negative consequences and problems during the trial, but despite this risk, the customer still wants to abandon the advocate.
Usually, the dismissal of an advocate or his removal from presentation is an extreme measure. Most often, the patron and the lawyer find an overall language and solve the issues that have arisen, without resorting to abandoning each other.