Withdrawing from representation issues/quandary
Posted: Sat Sep 13, 2014 5:40 pm
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. Ifthe 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 isconsensual.
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)
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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 notin bold.
On Saturday, September 13, 2014, 'Steven B. Lever' _sblever@leverlaw.com_(mailto: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
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 theclient. 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 claimobjections. 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 tolodge in pro per when the appropriate time comes?
I am just not sure how I should handle. I want out of this case ASAP, butI think I should object to the claims.
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com **primary email address**
_www.roarklawoffices.com_ (http://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_ (mailto:holly@roarklawoffices.com) **primary
email address**
_www.roarklawoffices.com_ (http://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_
(mailto:holly@roarklawoffices.com) .
I only use gmail for my listservs, and am likely to miss private emails directed to my gmail account.**
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 canattach the substitution of attorney form as a exhibit to the motion to show it
is consensual.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand 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] <cdcbaa@yahoogroups.com> wrote:
Holly:
You cannot do anything for a
client in a case unless youre the counsel of record. I 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 PMTo: Strictly Bankruptcy Issues;
cdcbaaSubject: [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**
The post was migrated from Yahoo.