Forms and Letters: Family Law

questions & answers

Question: How can I get an attorney to answer my email when my attorney withdrew from my case and I represent myself? QDROs were drafted by both sides yet last minutes from judge said ADR needs to take place before either QDRO will be accepted. I moved to FL, Was divorced in AZ where her attorney is. Do I have to wait 30 days for a response before filing a motion to compel? P

Answer: Here is the Arizona Ethical Rule 1.6

ER 1.16  Declining or Terminating Representation

    (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

        (1) the representation will result in violation of the Rules of Professional Conduct or other law;
        (2) the lawyer's physical or mental condition materially impairs the lawyer’s ability to represent the client; or
        (3) the lawyer is discharged.

    (b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if:

        (1) withdrawal can be accomplished without material adverse effect on the interests of the client;
        (2) the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent;
        (3) the client has used the lawyer’s services to perpetrate a crime or fraud;
        (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement;
        (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;
        (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or
        (7) other good cause for withdrawal exists.

    (c) A lawyer shall comply with applicable law requiring notice to or permission of a tribunal when terminating a representation.  When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

    (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering documents and property to which the client is entitled and refunding any advance payment of a fee that has not been earned.  Upon the client’s request, the lawyer shall provide the client with all of the client’s documents, and all documents reflecting work performed for the client.  The lawyer may retain documents reflecting work performed for the client to the extent permitted by other law only if retaining them would not prejudice the client’s rights.
source: http://www.azbar.org/Ethics/EthicsOpinions/ViewEthicsOpinion?id=700

If your attorney withdrew AND it was granted by the court AND (since you are representing yourself) provided you will all the information needed for the case...he really has no obligation to continue communication.

Answering the second part of your question is very difficult without more specific information. Here is the link to the Arizona Rules of Civil Procedure...which will provide the answers you are looking for.
https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=N090D27A070CB11DAA16E8D4AC7636430&transitionType=CategoryPageItem&contextData=%28sc.Default%29&bhcp=1

If you find it difficult to navigate, you may need to consider finding a new attorney.

QUESTIONS

  • How can I get an attorney to answer my email when my attorney withdrew from my case and I represent myself? QDROs were drafted by both sides yet last minutes from judge said ADR needs to take place before either QDRO will be accepted. I moved to FL, Was divorced in AZ where her attorney is. Do I have to wait 30 days for a response before filing a motion to compel? P

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