Substitution of Attorney requirements
Posted: Sat Sep 01, 2018 12:58 pm
Good point on associating, though I doubt liability would spring from the former bad act but be careful.
Never saw a motion for substitution in bankruptcy court but have seen a motion to withdraw/disqualify counsel. I did see a substitution of attorney get challenged in a district court since the substitution form includes /requires a court order.
Debtor should be able to select counsel of choice.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
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> On Sep 1, 2018, at 12:32 PM, mitnicklaw@aol.com [cdcbaa] wrote:
>
> Although it is unusual, and work that should be unnecessary, a motion for substitution of attorney would be appropriate if current counsel continues to refuse to sign the Substitution.
>
> Also, if you believe that there are some liability exposure issues as to the current counsel, association with the existing lawyer would not be a good idea.
>
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> -----Original Message-----
> To: cdcbaa
> Sent: Sat, Sep 1, 2018 11:41 am
> Subject: [cdcbaa] Substitution of Attorney requirements
>
>
> I am substituting into a Chapter 7 case to deal with postpetition issues for a debtor.
>
> The current attorney is (so far) not signing off on the substitution of attorney form for reasons that probably have to do with some liability exposure.
>
> Is it mandatory to have current counsel sign off on the substitution of attorney in order to it to be effectuated?
>
> I've never run into this situation before where current counsel didn't jump at the chance to get out of the case.
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