Family Law

  • 1.  Difficult Client - Motion to Withdraw

    Posted 04-26-2016 02:09 PM
    Hi all,

    Have a difficult client and situation on my hands. My client reached a settlement agreement during a mediation. After the mediation was over, her family convinced her it was not a good deal and that she should keep fighting. I then proceeded to receive a lot of angry calls and emails from various family members on behalf of my client stating a lot of ridiculous accusations, some which have nothing to do with the matter. I told my client she should seek new representation if she feels that I have done an inadequate job. She refused and said she wanted to "just finish this thing". The case itself is somewhat complex. Regardless, now I am filing a motion to withdraw because the trust has vanished (even though she says she wants to stick with me) and there will be a plenary hearing as to enforcement of the agreement which was made. 

    I have to draft this motion to withdraw very carefully for the record and was wondering if you guys had any input as to pertinent arguments I should make for withdrawal based on lack of trust/client's accusations (not quite non-cooperation). She also still owes me a considerable sum, which, although important to me, isn't enough on its own to withdraw. At this point, this will just be for the record as I am almost positive judge will deny it as it is very late in the process. Any/all help & advice would be appreciated.

    Thanks,


    Aleksandra N. Gontaryuk, Esq.
    AG Law Group
    908.336.7550


  • 2.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 04:07 PM
    Say nothing other than that there has been a breakdown in the attorney client relationship. Otherwise, you are revealing attorney client privileges.  I always put in my certification that if the court wishes further details then please have the motion heard outside the presence of adversary by a judge other than the one who will be the ultimate trier of fact in order to preserve attorney client privilege and not disclose otherwise inadmissible information.  I have never had an objection from an adversary or judge to this request 

    Sent from my iPhone



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  • 3.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 04:21 PM

    Was writing similar comment to Noel's comments and I concur in her handling.

     

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  • 4.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 04:22 PM

    I agree with Noel 100%.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
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  • 5.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 04:29 PM

    Agree with Noel's statement, and it's an important one. I've, thankfully, only had to file a couple of them, but this issue came up when I was clerking and it was one that my judge was adamant about.

    You need to say "there has been a complete breakdown in the attorney-client relationship such that I cannot represent plaintiff. I am limited by attorney-client priviledge as to what details I can provide unless plaintiff opposes this motion and thereby waives priviledge." Especially if there are custody issues (but even without them), you can't go into details or you're begging for an ethics grievance.



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  • 6.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 06:00 PM
    Noel hit the nail on the head.  I did exactly that when I had a client come after me by the elevators in the court house.  A Sheriff's Officer had to restrain him.  I filed just what Noel said, and I stressed that the breakdown of the attorney client relationship made it such that for me to continue would put me in the untenable position of facing a possible ethics complaint at conclusion.  I was not going to counsel a client who had no faith in me and then have the client claim my actions were unethical.


    Very truly yours,
    Siobhan Mary Fuller, Esq.
    176 Morris Street, First Floor
    Morristown, NJ 07960





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  • 7.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 06:52 PM
    Sorry all. I meant to send that to the inquirer only 😌

    Sent from my iPhone


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  • 8.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 07:00 PM
    this has been a very helpful discussion. Thank you all for replying on the listserv instead of privately.

    Sent from my iPhone


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  • 9.  RE: Difficult Client - Motion to Withdraw

    Posted 04-26-2016 05:47 PM

    Aleksandra,

    You have to be careful. 

    First, until the client is discharged by Substitution of Attorney or court-ordered withdrawal, the NJ Supreme Court says you are not permitted to issue a notice of intent to sue or file a charging lien.  You have to wait, even if it puts you at some risk.

    Second, your certification to the Court may properly state that, regardless of how the other side's motion to enforce comes out, you will be a witness in the case and cannot continue the representation.  You will have a non-waivable conflict of interest.

    Hanan

     


    hanan.gif

    Hanan M. Isaacs, Esq.

     

    t 609.683.7400   f 609.921.8982

    e [email protected]   w www.hananisaacs.com

    4499 Route 27, Kingston NJ

     

    Hi all, Have a difficult client and situation on my hands. My client reached a settlement agreement during a mediation. After the mediation was... -posted to the "Family Law Section" community

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    Difficult Client - Motion to Withdraw

    Image removed by sender. Aleksandra Gontaryuk, Esq

    Apr 26, 2016 2:09 PM

    Aleksandra Gontaryuk, Esq

    Hi all,

     

    Have a difficult client and situation on my hands. My client reached a settlement agreement during a mediation. After the mediation was over, her family convinced her it was not a good deal and that she should keep fighting. I then proceeded to receive a lot of angry calls and emails from various family members on behalf of my client stating a lot of ridiculous accusations, some which have nothing to do with the matter. I told my client she should seek new representation if she feels that I have done an inadequate job. She refused and said she wanted to "just finish this thing". The case itself is somewhat complex. Regardless, now I am filing a motion to withdraw because the trust has vanished (even though she says she wants to stick with me) and there will be a plenary hearing as to enforcement of the agreement which was made. 

     

    I have to draft this motion to withdraw very carefully for the record and was wondering if you guys had any input as to pertinent arguments I should make for withdrawal based on lack of trust/client's accusations (not quite non-cooperation). She also still owes me a considerable sum, which, although important to me, isn't enough on its own to withdraw. At this point, this will just be for the record as I am almost positive judge will deny it as it is very late in the process. Any/all help & advice would be appreciated.

     

    Thanks,

     

     

    Aleksandra N. Gontaryuk, Esq.

    AG Law Group

    908.336.7550

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