Can opposing counsel deny the withdrawal of my attorney?

I just fired my attorney and there is a scheduled hearing in a month. My ex’s
attorney will not stipulate the withdrawal. My attorney said there are two
options to sign a Substitution of Counsel that states I are making an appearance
as my own attorney, and that I will comply with existing deadlines and scheduled
hearings or, my attorney could file a motion to withdraw and show up on the
scheduled hearing to argue it.

My questions 1. Can opposing counsel deny the withdrawal of my attorney?
2. What rights do I have to deny signing the Substitution of Counsel as it was
drawn up?

Asked on December 11, 2018 under Family Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They are not "denying" it--they don't have the power--but they are not consenting to or agreeing to it; i.e. they are not facilitating it. Only the court can allow you--or deny you the right--to do this. The opposing counsel are the attorney for the other person--their ethical and professional obligation is to do what is best for their client, not you, the opposing party. So if they feel that a delay will harm their client's interests, they are doing the correct thing. If you and your counsel (the one you fired) disagree, they can make a motion to be allowed to withdraw and try to convince a court that they should be allowed to do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.