Withdrawing from representation issues/quandary
Posted: Sat Sep 13, 2014 8:12 pm
You are correct.
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 13, 2014 at 5:40 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Holly,
>
> Pursuant to LBR 2091-1 requires the attorney of record to file a motion
> requesting to be relieved as counsel. A substitution of attorney is only
> sufficient if other counsel is substituting in to represent the client. If
> the client is going to be pro se Court approval is required. You can
> attach the substitution of attorney form as a exhibit to the motion to show
> it is consensual.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> In a message dated 9/13/2014 12:18:14 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> I have not subbed out yet. I have the signed form from them. I just need
> to file it. I just re-read the RARA and agree. The claims objections are
> not in bold.
>
> On Saturday, September 13, 2014, 'Steven B. Lever' sblever@leverlaw.com
> [cdcbaa] wrote:
>
>>
>>
>> Holly:
>>
>>
>>
>> You cannot do anything for a client in a case unless youre the counsel
>> of record. Im not sure if youre substituted out you have a duty to do
>> claims objections. Yes, they may need to be done, but if youre not her
>> counsel anymore all you have to do is advise her to do it. I disagree that
>> the RARA requires you to do it. Claims objections are in the not bolded
>> portion that requires extra fees, and so for the $4K you presumably will
>> receive youre under no duty to do it for that fee. If you havent been
>> paid in full under the RARA you might want to call the presiding trustee
>> and ask her staff what their policy is on paying the RARA fee if you
>> withdraw.
>>
>>
>>
>> Steven B. Lever
>>
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Friday, September 12, 2014 6:31 PM
>> *To:* Strictly Bankruptcy Issues; cdcbaa
>> *Subject:* [cdcbaa] Withdrawing from representation issues/quandary
>>
>>
>>
>>
>>
>> I need to withdraw in a chapter 13 due to communication problems with the
>> client. The judge knows of my intent to withdraw and reserved a hearing
>> date for my motion (not yet filed). Client agreed to sub me out rather than
>> go by motion and has signed the substitution form to sub in in pro per.
>> BUT, client wants me to object to some claims first, and I am thinking that
>> under the RARA I probably have a duty to do so. The plan is confirmed
>> already.
>>
>> I'm in a little quandary here. The claim objections are easy - the debts
>> are old and past the statute of limitations. BUT, I want to sub out now,
>> and if I file those objections (which will probably go unopposed), at some
>> point an order, or dec and order will need to be lodged. I'm wondering
>> what's the best way to handle this.
>>
>> I was going to sub out today. But I can't do that and then file the claim
>> objections. So, what happens if I file the objections and then sub out with
>> these motions pending? Is that really bad? Do I have to stay in until I get
>> the orders, or could I just send a draft of the Orders to the debtor to
>> lodge in pro per when the appropriate time comes?
>>
>> I am just not sure how I should handle. I want out of this case ASAP, but
>> I think I should object to the claims.
>>
>>
>>
>>
>>
>>
>> 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.**
>>
>>
>>
>>
>
> --
> 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.**
>
>
>
>
You are correct.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
The post was migrated from Yahoo.