Tactical Infrastructure S.A. v. Apex Energy Alternative Resources, Inc., et al.

Summary

The court grants defense counsel Daniel Singer’s renewed application to withdraw as counsel of record based on substantial unpaid fees and an irreconcilable attorney-client relationship. The court denies without prejudice the defendants’ request for an interim stay and requires defendant Robert Willoughby to attend a scheduled status conference, warning that nonattendance may result in a recommendation for default judgment. The court directs service of the order and termination of Singer as counsel on the docket.

Holdings

1. Counsel demonstrated good cause and satisfactory reasons for withdrawal where Defendants did not dispute nonpayment, the failure to pay made the attorney-client relationship irreconcilable, and trial was not imminent.
2. Local Civil Rule 1.4 does not require an attorney to accept a payment plan for unpaid fees.
3. The interim stay was denied without prejudice because Defendants had not yet shown sufficient good-faith efforts to retain new counsel.

Questions Presented

1. Whether defense counsel demonstrated satisfactory reasons and good cause to withdraw as attorney of record based on Defendants' nonpayment of fees and the resulting breakdown in the attorney-client relationship.
2. Whether Defendants were entitled to an interim stay of proceedings to obtain substitute counsel.

Disposition

other