Can an attorney remove themself froma case if their client refuses to take a deal?

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Can an attorney remove themself froma case if their client refuses to take a deal?

After 3 years of fighting, I do not want to accept a deal. I want to go to trial. My attorney does not want to go to trial. What is her obligation? We are 1 month from trial in an injury case. Can she legally drop me based on her not wanting to go to trial, and not wanting me to take a deal?

Asked on October 27, 2010 under Personal Injury, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An attorney can move to withdraw or be relieved as counsel on various grounds: non-cooperation of a client and failure of the client to pay are two that can be the basis of a motion in New York.  In New Jersey there may be others.  The facts and circumstances surrounding the matter are weighed against the prejudice that may result to the client.  From the facts as you have written them here it does not appear that the attorney has a good basis for wanting to withdraw, unless she feels that you are not heeding her advices and it is in your best interests.  If that will fly in court at this late a date I don't know.  But one month from trial is not the time to deal with this, although you may have no choice.  You can oppose her motion citing prejudice to you at this late stage.  Good luck. 


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