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David J. Stern Can't Afford to File Proper Motions to Withdraw.

 Something about this story really irks me:

Legal rules don't just allow attorneys to walk away from a case. They are supposed to file motions to withdraw, or the new attorneys are expected to file a notification that they are the new counsel.

"Florida Rules of Civil Procedure require that attorneys file a proper Motion to Withdraw from any case which they no longer plan to represent," said Eunice Sigler, a spokeswoman for the 11th Judicial Circuit Court in Miami-Dade County. "We are currently researching various options, including any remedies available through the Florida Bar."

Palm Beach County Chief Judge Peter Blanc said this week he's also trying to figure out how to proceed.

"Stern has provided notice he will no longer be attorney of record, but the court is unable to recognize it," Blanc said. "I'm told we're getting more stipulations of substitute counsel but not anywhere near the number we should have."

Blanc said he's never seen a move like Stern's before - sending a letter to judges that says "treat the pending cases as you deem appropriate."

Is this believable?

How is it possible you can't pay some paralegals to prepare and file motions?  Even if it took a month to wind down one would think Stern can -- and should -- cover these expenses.

Then the Court probably could rule on them without a hearing and Stern would be done.

Anyone else have any bright ideas?

Full post as published by South Florida Lawyers on March 18, 2011 (boomark / email).