Thursday, August 30, 2012
The Maryland Court of Special Appeals has held that an attorney may appeal an interlocatory order denying his motion to withdraw as counsel. The court held that the denial of the motion was an abuse of discretion and remanded the case to the Circuit Court with instructions to grant the attorney's motion.
The case involved unpaid legal fees and a motion filed five weeks before a scheduled trial.
The court here held that there was no injustice to the client; rather, denying the motion was an injustice to the attorney:
...the circuit court's order, effectively compelling [the attorney] to continue representing [the client], without reasonable likelihood of compensation, imposed an unreasonable financial burden on him.