Looking for sample letter to client indicating my intent
Posted: Sat Sep 06, 2014 5:25 pm
Yes. I am looking for a sample letter to the client before I file the
motion.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Sat, Sep 6, 2014 at 5:03 PM, 'Leventhal Law Group, P.C.' law@3yl.com
[cdcbaa] wrote:
>
>
> You need to file a motion with the court to withdraw and you must have
> grounds.
>
> I have had to do that in the past when a client lied to the court and my
> continued representation would exacerbate the issue.
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
> notice for ex parte Applications via voicemail or by email.
>
> This email and any attachments thereto may contain private,
> confidential, and privileged material for the sole use of the intended
> recipient. Any review, copying, or distribution of this email (or any
> attachments thereto) by others is strictly prohibited. If you are not the
> intended recipient, please contact the sender immediately and permanently
> delete the original and any copies of this email and any attachments
> thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
> -------- Original message --------
> Date:09/06/2014 3:33 PM (GMT-08:00)
> To: cdcbaa
> Subject: Re: [cdcbaa] Looking for sample letter to client indicating my
> intent to file a motion to withdraw
>
>
>
> Confirmed Chapter 13, with AP as well.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
> On Sat, Sep 6, 2014 at 3:05 PM, 'Leventhal Law Group, P.C.' law@3yl.com
> [cdcbaa] wrote:
>
>>
>>
>> Has a case been filed with the court?
>>
>>
>> Jonathan Leventhal, Esq..
>> Leventhal Law Group, P.C.
>> 818-347-5800
>>
>> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail
>> notice for ex parte Applications via voicemail or by email.
>>
>> This email and any attachments thereto may contain private,
>> confidential, and privileged material for the sole use of the intended
>> recipient. Any review, copying, or distribution of this email (or any
>> attachments thereto) by others is strictly prohibited. If you are not the
>> intended recipient, please contact the sender immediately and permanently
>> delete the original and any copies of this email and any attachments
>> thereto.
>>
>> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>>
>> Note: The Leventhal Law Group, P.C. does not represent you until a
>> written fee agreement has been signed by you and a representative of the
>> Leventhal Law Group, P.C. and all fees listed in the agreement have been
>> paid.
>>
>>
>> -------- Original message --------
>> Date:09/06/2014 2:46 PM (GMT-08:00)
>> To: nacba ,cdcbaa
>> Subject: [cdcbaa] Looking for sample letter to client indicating my
>> intent to file a motion to withdraw
>>
>>
>>
>> The rules of professional conduct say we need to give the client time to
>> find new counsel. I am wondering whether anyone can share a sample letter
>> of intent to withdraw. Thank you.
>>
>>
>> *Rule 3-700 Termination of Employment *
>>
>> (A) In General.
>>
>> (1) If permission for termination of employment is required by the rules
>> of a tribunal, a member shall not withdraw from employment in a proceeding
>> before that tribunal without its permission.
>>
>> (2) A member shall not withdraw from employment until the member has
>> taken reasonable steps to avoid reasonably foreseeable prejudice to the
>> rights of the client, including giving due notice to the client, allowing
>> time for employment of other counsel, complying with rule 3-700(D), and
>> complying with applicable laws and rules.
>>
>>
>> *CDCA LBR 2091-1. ATTORNEYS WITHDRAWAL, SUBSTITUTION, AND CHANGE OF
>> ADDRESS*
>>
>> (a) Motion for Withdrawal. Except as provided in LBR 2091-1(b) and LBR
>> 3015-1:
>> (1) An attorney who has appeared on behalf of an entity in any matter
>> concerning the
>> administration of the case, in one or more proceedings, or both, may not
>> withdraw
>> as counsel except by leave of court; and
>> (2) An entity represented by counsel may not appear without counsel or by
>> a different
>> attorney except by leave of court.
>> (b) Consensual Substitution of Counsel.
>> (1) A consensual substitution of attorneys may be filed and served to
>> substitute counsel
>> without leave of court where:
>> (A) An entity on whose behalf an attorney has appeared in any matter
>> concerning
>> the administration of the case, in one or more proceedings, or both,
>> desires
>> to substitute a different attorney in place of its former attorney; or
>> (B) A previously unrepresented entity desires to substitute an attorney
>> employed
>> to represent the entity.
>> (2) A substitution of attorney must be filed in substantially the same
>> form as courtapproved
>> form F 2090-1.4.SUBSTITUTION.ATTY, Substitution of Attorney,
>> and served on those persons entitled to notice under LBR 2091-1(c).
>> (3) An attorneys employment as a professional person>> 327 or
>> 1103 is not approved merely by the filing of a Substitution of Attorney
>> and service
>> of notice thereof. Approval of employment must be obtained in compliance
>> with
>> the requirements of the Bankruptcy Code, FRBP, and these rules.
>> (c) Notice.
>> (1) Case. An attorney seeking withdrawal or substitution who has appeared
>> on behalf
>> of an entity in anymatter concerning the administration of the case must
>> give notice
>> of the proposed substitution ormotion for leave towithdrawto the debtor,
>> theUnited
>> States trustee, any case trustee, any committee appointed in the case,
>> counsel for any
>> of the foregoing, and parties requesting special notice.
>> (2) Proceedings. An attorney seeking withdrawal or substitution who has
>> appeared
>> on behalf of an entity only in one or more proceedings must give notice
>> of the
>> proposed substitution or motion for leave to withdraw to the debtor, each
>> party
>> who has been named or who has appeared in such proceeding(s), and the
>> United
>> States trustee.
>> 37 1/14
>> LBR 2091-1
>> (3) Cases and Proceedings. An attorney seeking withdrawal or substitution
>> who has
>> appeared on behalf of an entity both in the case and one or more
>> proceedings must
>> give notice of the proposed substitution ormotion for leave towithdrawto
>> all entities
>> entitled to notice under subsections (c)(1) and (2) of this rule.
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>
>
Yes. I am looking for a sample letter to the client before I file the motion.
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