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Whiting v. Lacara

United States Court of Appeals for the Second Circuit

187 F.3d 317 (1999)

Relevant factsFree

Whiting (plaintiff), pursuing a large civil-rights claim over his police-officer termination, retained Lacara (appellant) as his third attorney; twelve days before trial Lacara moved to withdraw, citing Whiting's demands, unpaid fees, insistence on frivolous and already-dismissed arguments, and an alleged office trespass, but the trial court found Whiting cooperative and denied withdrawal both times it was sought, prompting appeals. At oral argument, Whiting stated he could force Lacara to advance certain arguments, believed Lacara might be covering up police corruption, considered him ineffective, and thought he had grounds to sue him for malpractice.

IssueFree

Whether an attorney may withdraw from representation on the eve of trial only with the court's consent upon a showing of good cause and satisfactory reasons requiring withdrawal.

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