Withdrawal From Attorneyship
WHAT IS WITHDRAWAL FROM REPRESENTATION?
Withdrawal from representation is the voluntary withdrawal of a lawyer from pursuing or defending a certain matter. Withdrawal from the attorneyship, which is regulated in the Attorneyship Law, means that the attorney resigns from the attorneyship of the person he represents. W.ithdrawal from representation can be made upon the necessity seen by the lawyer or voluntarily.
HOW TO WITHDRAW FROM THE ATTORNEYSHIP?
In order for the withdrawal from the attorneyship to be effective for the court and the other party, the declaration on this matter must be notified by petition or recorded in the minutes and must be notified to the person represented. The form of notification of resignation from the attorneyship is specified in Article 81 of the CCP. If the attorney resigns outside the hearing, he/she must notify the court in writing with a petition. If the resignation is made during the hearing, it must be recorded in the minutes. In addition, withdrawal from the office of attorney may also be made in the form of a notice through a notary public.
The lawyer is not obliged to show a reason in the petition for withdrawal from the attorneyship. Lawyer may resign from the office of attorney upon necessity. The reasons for the lawyer’s withdrawal from the attorneyship may be the client’s failure to meet the necessary judicial expenses, the client’s insult to the lawyer, etc. When the petition to withdraw from the attorneyship is submitted to the court, the court notifies the client and the legal liability of the lawyer continues for 15 days after the notification of the petition of resignation to the client.
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