Thani A.T. Al Thani v. Hanke

Background

On April 9, 2021, the Court granted Jeffrey S. Dweck’s motion to withdraw as counsel for Defendant Subgallagher Investment Trust (the “Trust”). This order reviewed Plaintiff’s April 9 letter and opposition to that motion and reaffirmed the earlier grant.

Reasons for Withdrawal

Under Local Civil Rule 1.4, an attorney may withdraw only by court order and only after showing satisfactory reasons. The court identified failure to pay legal fees, lack of client cooperation or communication, and an irreconcilable conflict as examples of satisfactory reasons.

Dweck represented that his firm had not been paid for services provided to the Trust. He also stated that Patricia Moore, the former trustee who signed the engagement letter, had resigned. Dweck had tried to contact the successor trustee but had been unable to communicate with that person or anyone else authorized to speak for the Trust.

Effect on the Case

The court also considered whether withdrawal would likely disrupt the litigation. Discovery was still ongoing, the case was not close to being ready for trial, and discovery had already experienced delays largely because Dweck’s clients had not responded to discovery demands. The court concluded that requiring Dweck to remain as counsel was unlikely to help, particularly because he had recently been unable to communicate with anyone authorized to represent the Trust. The court also noted that motions to dismiss on behalf of the Trust were fully briefed.

Disposition

Judge John P. Cronan found that Dweck had complied with Local Civil Rule 1.4, had served the Trust with the withdrawal motion, and had shown satisfactory reasons for withdrawal. The court therefore reaffirmed that Dweck was properly relieved as counsel for the Trust. The court emphasized that Dweck continued to represent Sherry Sims, even though she had filed for bankruptcy protection.