Federal Solutions Group, Inc. a California corporation v. H2L1-CSC, JV
- Kandis Westmore
- 4:17-cv-05433
- U.S. District Court · Northern District of California
- 4
In Federal Solutions Group v. H2L1-CSC, Judge Westmore granted counsel’s withdrawal, requiring the corporation to find replacement counsel within 45 days.
Federal Solutions Group, Inc., its withdrawing attorneys and law firm, and the continued handling of the case; the defendant was not required to oppose the motion and was not otherwise granted relief.
What happened
Federal Solutions Group’s lawyers asked to withdraw from representing the corporation in Federal Solutions Group, Inc. v. H2L1-CSC, JV. They said the company had not paid outstanding invoices, had not provided a promised retainer, and had stopped responding to repeated communications. Neither side opposed the request, and the company’s representative did not attend the hearing.
The court granted the lawyers’ request and relieved Ernest M. Isola, John A. Castro, and their law firm as counsel of record. Because Federal Solutions Group is a corporation, it cannot appear in federal court without a lawyer. The court gave the company 45 days to find replacement counsel and warned that failing to do so or failing to follow court orders could lead to dismissal for failure to prosecute.
Judge Kandis Westmore also ordered that court papers continue to be served on Mr. Isola for forwarding until new counsel appears. The order did not decide the underlying claims between Federal Solutions Group and H2L1-CSC, JV.
The detailed version
- Federal Solutions Group, Inc. a California corporation v. H2L1-CSC, JV · No. 4:17-cv-05433
- Kandis Westmore
- Oct. 4, 2019
Background
Ernest M. Isola and John A. Castro moved to withdraw as counsel for Federal Solutions Group, Inc. The lawyers stated that the company had repeatedly failed to pay invoices for fees and costs, had not fulfilled an assurance to provide a future retainer, and had not responded to repeated attempts to communicate. Counsel submitted several supplemental declarations after reporting that possible resolutions had not been completed.
Federal Solutions Group did not oppose the motion. The company’s representative also did not appear at the October 3, 2019 hearing. The court noted that counsel had provided notice of the intent to withdraw, the motion, and the supporting declarations.
Legal Standard and Analysis
Under Civil Local Rule 11-5, a lawyer may withdraw only after the court approves the withdrawal. California professional-conduct rules allow withdrawal when a client breaches an obligation to counsel or when the client’s failure to communicate makes effective representation difficult. The court may deny withdrawal if it would cause injustice or undue delay.
The court found good cause for withdrawal because the breakdown in the attorney-client relationship and the alleged breaches had made continued representation impossible. The court also concluded that counsel should not be required to continue working without compensation or ready communication and access to the client, which remained responsible for prosecuting the case.
Ruling and Consequences
Judge Kandis Westmore granted the motion to withdraw. Ernest M. Isola, John A. Castro, and Gordon Rees Scully Mansukhani LLP were relieved as counsel of record. Because Federal Solutions Group had not consented to the withdrawal and no replacement counsel had appeared, papers from the court and other parties were to continue being served on Mr. Isola for forwarding until a substitution of counsel was filed.
The corporation was given 45 days from the order’s date to obtain substitute counsel. The court warned that failure to obtain counsel or comply with court orders could result in dismissal for failure to prosecute. The court also directed the company to file a dismissal if it had no intention of retaining new counsel. The order decided only the representation issue; it did not resolve the underlying dispute.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.