prematurewitHDrawalinFamilylawcases
Marital & family law Section
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music to a family law attorney ’ s ears — but like the song American Pie , the rule painfully keeps going . 5
The rule adds that an attorney ’ s appearance terminates only when the deadline for appeal has expired and “ no appeal is taken .” 6 This has two practical implications . First , if you tried the case , you are responsible for any motion for rehearing . Because rehearing motions are often critical and always time-sensitive , there is no way around this . Practitioners need to adjust their trial retainers accordingly or learn to enjoy writing these motions on credit .
Second , because your appearance terminates only if “ no appeal is taken ,” you remain counsel of record — at least at the trial level — while an appeal is pending . This is particularly important in family law where significant post-judgment issues regularly arise . The solution is simple but important : if your case is appealed , and you do not want to remain attorney of record , seek to withdraw by stipulation or motion immediately . As long as nothing critical is pending , the trial court should leniently grant the request . 7
Ultimately , we remain ethically obligated to zealously represent our clients ’ interests until we are excused by the court or by rule . It is therefore always important to know with certainty when that obligation mercifully ends . n
1
Hypothetically .
2
See Fla . R . Gen . Prac . & Jud . Admin . 2.505 ( f )( 1 ) -( 6 ).
3
Id . at ( f )( 3 )
4
See In re Amendments to Florida Rules of Judicial Admin . -2020 Regular-Cycle Report , 310 So . 3d 374 , 384 ( Fla . 2021 ).
5
It is the authors ’ opinion that no one has ever listened to American Pie all the way through .
6
Rule 2.505 ( f )( 3 ).
7
See Fisher v . State , 248 So . 2d 479 , 486 ( Fla . 1971 ).
Authors : Mark Baseman and Stacey Hudon - Felix , Felix , & Baseman
J a n - f e b 2 0 2 3 | H C b a L a W Y e R
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