Motion to Withdraw

[SilverRabbit]

What is the name of your state (only U.S. law)? ND

My attorney has filed a Motion to Withdraw. Reason stated is for not fulfilling the retainer agreement in regards to paying fees and that withdrawing will not negatively affect my case.

Currently pending are a Motion for Appointment of Parenting Investigator [hearing set for December, filed by my attorney], a Motion to Strike Docket #xxx-xxx and Request for Sanctions [hearing set for March, filed by Exs attorney], a Motion to Modify Judgement (Parenting Time) [hearing set for March, filed by Exs attorney], and a Motion to Eliminate Parenting Coordinator [hearing set for March, filed by Exs attorney].

I recognize that I have an obligation to pay all my attorney's fee and have made all attempts possible to stay current. My credit cards are maxed out and I am unable to borrow or receive any more money from friends or family. I currently make a monthly payment to my lawyer but cannot keep up with the rapidly expanding bill. I have no ability to retain another attorney.

I and my attorney have attempted to work with my ex to resolve issues and come to a settlement but have been unable. My attorney has stated she wants to continue with the case but the bill has become a burden for her firm to absorb. She has requested attorney fees for this last round of motions from my ex due to her stance that his motions are without merit.

Is my only option to continue as a Pro Se litigant for all the motions except the Motion to Strike Docket? My ex's attorney requested sanctions against my lawyer and the parenting coordinator. Does she still need to represent herself for that motion?

 

[latigo]

What is the name of your state (only U.S. law)? ND

My attorney has filed a Motion to Withdraw. Reason stated is for not fulfilling the retainer agreement in regards to paying fees and that withdrawing will not negatively affect my case.

Currently pending are a Motion for Appointment of Parenting Investigator [hearing set for December, filed by my attorney], a Motion to Strike Docket #xxx-xxx and Request for Sanctions [hearing set for March, filed by Exs attorney], a Motion to Modify Judgement (Parenting Time) [hearing set for March, filed by Exs attorney], and a Motion to Eliminate Parenting Coordinator [hearing set for March, filed by Exs attorney].

I recognize that I have an obligation to pay all my attorney's fee and have made all attempts possible to stay current. My credit cards are maxed out and I am unable to borrow or receive any more money from friends or family. I currently make a monthly payment to my lawyer but cannot keep up with the rapidly expanding bill. I have no ability to retain another attorney.

I and my attorney have attempted to work with my ex to resolve issues and come to a settlement but have been unable. My attorney has stated she wants to continue with the case but the bill has become a burden for her firm to absorb. She has requested attorney fees for this last round of motions from my ex due to her stance that his motions are without merit.

Is my only option to continue as a Pro Se litigant for all the motions except the Motion to Strike Docket? My ex's attorney requested sanctions against my lawyer and the parenting coordinator. Does she still need to represent herself for that motion?

You are asking if your attorney needs to represent herself in responding to the motion for the imposition of sanctions against her? I doubt that she intends to allow you to represent her. I mean that is up to her, isn't it?

Anyway, please explain what is meant by a "Motion to Strike Docket"? Did you intend to write "Document"? A docket in this context is a summary of the proceedings in a court of law. And certainly not subject to a motion strike. (At lease not to my knowledge.

Also, why are you treating it as an exception to the other pending motions? Is the other side claiming that your attorney filed a slanderous document and it is the basis for the motion for sanctions?

Please explain before I comment further.

 

[SilverRabbit]

You are asking if your attorney needs to represent herself in responding to the motion for the imposition of sanctions against her? I doubt that she intends to allow you to represent her. I mean that is up to her, isn't it?

Anyway, please explain what is meant by a "Motion to Strike Docket"? Did you intend to write "Document"? A docket in this context is a summary of the proceedings in a court of law. And certainly not subject to a motion strike. (At lease not to my knowledge.

Also, why are you treating it as an exception to the other pending motions? Is the other side claiming that your attorney filed a slanderous document and it is the basis for the motion for sanctions?

Please explain before I comment further.

I took the wording "Motion to Strike Docket" directly from the ND court website. Docket #xxx-xxx was an affidavit and supporting documentation (parenting coordinator meeting minutes) from the parenting coordinator in response to the "motion to eliminate Parenting Coordinator". The other side claims that the parenting coordinator had no right to release that information as it was confidential. The parenting coordinator disagreed stating that they filed the motion to eliminate her because of a allegation of bad faith on her part. Parenting coordinator stated that ND allowed the release when the allegation was a bad faith allegation.

My lawyer wanted it filed because the notes show that my ex refused to work with and implement the decisions made in parenting coordination sessions.