Kriegsman v. Kriegsman
Appellate Division of the Superior Court of New Jersey
375 A.2d 1253 (1977)
Mary-Ann Kriegsman (defendant) retained the Rose firm (plaintiff) for her divorce action, paying $2,000 with the understanding she'd cover additional costs as litigation proceeded. The firm worked on the case for over three months, including dealing with an uncooperative pro se opposing party, ultimately billing Mary-Ann an additional $7,354.50 that she could not afford to pay. The firm moved to withdraw from representation; Mary-Ann argued withdrawal would be too disruptive given how much work a new attorney would need to duplicate, and that the firm knew her financial situation when it took the case. The judge denied the withdrawal motion but set an imminent trial date, and the Rose firm appealed.
Whether an attorney may withdraw from a case set for trial without justifiable cause if such withdrawal would unduly prejudice the client.