attorney/client question

[raysnkaysmom]

anyone able to find this answer?? thanks in advance..

Can an attorney file a motion to dismiss a case that their client does NOT wish to have dismissed? My DBFs family attorney filed to withdraw, and the judge denied her motion, so she says she'll just dismiss the case. Can she do that, and what should they do to circumvent that from happening? Trial is in 9 days.

Too long and drawn out to go into more detail...lol.

 

[christineann]

It depends on the laws in your state, but I would think not. In SC, a case can be dismissed pursuant to Rule 40(j), which means that the case is removed from the trial docket and can be restored up to one year after the filing of the 40(j). This is done for several reasons, including the circumstances you describe in your post.