Can opposing counsel deny the withdrawal of my attorney?
Question Details: 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 2 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. Can opposing counsel deny the withdrawal of my attorney? What rights do I have to deny signing the substitution of counsel as it was drawn up?
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.
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