2006-09-10 15:07:13 · 3 answers · asked by Linda L 2 in Politics & Government ➔ Law & Ethics
It depends on the state, and also on the type of case. If it's merely a disciplinary hearing in which the maximum penalty is disbarment, the case will most likely be terminated after a resignation from the bar. If other penalties, such as fines, are possible, the case will most likely continue.
But this is all dependent on the laws covering the conduct of attorneys in your state.
2006-09-10 16:24:47 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Upon resignation from the bar (read: voluntary surrender of his/her license to practice law), an attorney is obligatated to withdraw from each case in a court in which he/she is currently participating. In addition, they are required to inform all of their clients that they can no longer represent them before the courts or in any other fashion.
If the attorney is a member of a law firm, with other licensed attorneys, then it is likely that another member of the firm will enter an appearance in the case and the matter will continue. If not, it is the responsibility of the client to obtain new counsel, and to do so as soon as possible.
Withdrawal of one's attorney is NOT an automatic continuance, and therefore, its something that must be promptly dealt with.
If this has happened to you, I urge you to immediately contact an attorney who is licensed, and who can appear on your behalf. If you don't know one, call your local or state bar association for a referral.
2006-09-11 00:12:31 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Do you mean a case on behalf of a client? His client will have to use a different attorney, most likely someone else in the firm will take over.
If he's facing charges for professional violations, he will still face those even though he has resigned his status.
2006-09-10 22:11:29 · answer #3 · answered by Dewhitewolf 3 · 0⤊ 0⤋