Patrick Runyon v. FCA US, LLC, and Does 1 through 10, inclusive

Summary

The United States District Court for the Southern District of California granted Strategic Legal Practices, APC’s motion to withdraw as counsel for Plaintiff Patrick Runyon. The court found that counsel’s inability to communicate with the plaintiff justified withdrawal and ordered counsel to provide updated contact information and related materials, while scheduling a telephonic status conference.

Holdings

1. In federal court, an attorney may withdraw as counsel only with leave of court, and the court may grant or deny withdrawal in its discretion. Withdrawal was warranted because counsel's inability to communicate with the client made continued representation impossible or unreasonably difficult.
2. The motion complied with Southern District of California Civil Local Rule 83.3(f)(3) because counsel served the adverse party and the client and attached a declaration describing service.
3. Counsel was required to provide the court with the plaintiff's contact information and to send the plaintiff a copy of the order and information concerning proceeding pro se and electronic filing.

Questions Presented

1. Whether counsel should be permitted to withdraw when the attorney-client relationship had become unreasonably difficult because counsel could not communicate with the client.
2. Whether the motion to withdraw complied with the Southern District of California's service and declaration requirements.
3. What conditions should accompany counsel's withdrawal to protect the plaintiff and the administration of justice.

Disposition

other