prematurewitHDrawalinFamilylawcases
Marital & family law Section Chair : SusanMilesWhitaker – BayAreaLegalServices , Inc .
ultimately , weremainethically obligatedtozealously representourclients ’ interests untilweareexcusedby thecourtorbyrule .
Your four-day divorce trial is over . The kids will go to an unaffordable private school . The Star Wars memorabilia is divided . No one mentioned the cat . This was not , perhaps , the most rewarding experience of your life . Your client owes you $ 82,718 . 1
Eventually the final judgment trickles in . You send it to your client , advise her of the deadline for seeking rehearing and tell her that you are finished . You file notice that your representation has terminated . It ’ s the only thing that has given you any joy in months and — of course — it is completely improper .
We know that an attorney usually remains “ of record ” until a court expressly authorizes withdrawal . 2 There is a misconception , though , that an attorney ’ s obligations terminate automatically upon entry of a final judgment . This comes from Rule 2.505 ( f )( 3 ), which states that an attorney ’ s appearance concludes upon the “[ t ] ermination of [ a ] proceeding .” 3 A prior version of the rule specified that a proceeding terminated after entry of a “ final adjudication .” 4 This is
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