Lawyer Withdrawal Notice Requirements
Summary
In Ontario, lawyers must provide reasonable notice before withdrawing from a case, ensuring the client has time to find new representation. They remain responsible until formally released by the court. If a lawyer fails to withdraw properly, they continue to be the lawyer of record and are responsible for the case.Full Conversation
He indicates that he will tell the court why he is a solicitor on record. He indicates that he will withdraw because the case is not worth it and he does not have the expertise to represent me
It seems you're concerned about your lawyer's intention to withdraw from your case. In Ontario:
*. Lawyers must provide reasonable notice before withdrawing (Rule *.*-* of the Law Society of Ontario's Rules of Professional Conduct).
*. Lawyers must continue to act until they're formally released by the court or a tribunal.
Would you like to know how to find a new lawyer?
what is the reasonable notice before withdrawing
In Ontario, what constitutes "reasonable notice" before a lawyer withdraws can depend on the circumstances. However, the lawyer must give sufficient time for the client to find another lawyer and avoid any prejudice to the client's interests. The Law Society of Ontario may provide more specific guidelines.
He indicates that he would not represent me, but he never withdrew as lawyer
It sounds like a complex situation. In Ontario, a lawyer must formally withdraw to cease being the lawyer of record. They must notify all parties involved and get the court's permission. If they fail to do this, they remain responsible for the case.
So likely he will represent me
Based on what you've shared, in Ontario, unless your lawyer has formally withdrawn and received the court's permission, he remains the lawyer of record and is responsible for your case. However, it's best to discuss this directly with your lawyer.