Is It Possible For A Defendant To Postpone Litigation By Sacking Their Attorney?

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Can a Defendant Delay Litigation by Firing Their Attorney? - Frank, Frank,  Goldstein & Nager

A debtor’s options include employing and then dismissing a number of legal counsel or acting in a manner that compels that counsel to file a motion to remove themselves from the case as counsel. Even though they might cause delays, these measures might also have an economic impact. New York collection lawyer can offer great help for your case and must be consulted to get the best results.

An order to show cause with a case delay is how a lawyer in New York can petition the court to be dismissed a case. Orders typically include the attorney’s rationale, with the majority noting an “irretrievable breakdown of communication” with their client.

The day the petition is considered is typically the client’s chance to object. The judge will typically approve the motion. The court will also put the case on hold for a predetermined period. Usually, 30 days after the relieved counsel, notify the customer of their removal. The case is postponed until either the debtor hires new legal representation or until the complainant files a request for a default after 30 days have passed.

A lawyer’s appeal to be released from their role as counsel can cause a significant postponement in the case’s progress. In an effort to repeatedly prolong the case’s delays, a petitioner who is conscious of this time-consuming process may try to employ and dismiss several lawyers by simply failing to communicate with them. There are safeguards in place to stop a litigant from unnecessarily prolonging the judicial procedure in this manner. As a consequence of the opposing party’s frivolous behavior, a judge in a civil case may grant fair lawyers’ fees under New York law. A behavior is deemed trivial if:

  • It has no value at all.
  • It is done to stall or drag out the legal proceedings.
  • It abuses or harms a third entity.

The court would likely punish a litigant for participating in frivolous behavior with the sole intention of dragging out the case if multiple lawyers for that litigant file petitions to be relieved as counsel as a result of a failure in communication with the same litigant. The opposing party would receive legal costs for the unwarranted holdup, most likely directing the case to move along more quickly.

As a result, you should avoid attempting to use the legal system to your advantage in an effort to purposefully postpone your case because doing so could result in penalties from the court.

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