Whalen v. Toyota Motor Sales, U.S.A., Inc.

Filing 22

Order re: 21 MOTION for Brian A. Traywick to Withdraw as Attorney filed by Laura K Whalen. Attorney Traywick is ORDERED to, NLT 10/31/2022, 1) Notify Whalen of his intent to withdraw by following the steps outlined herein and refile his m otion to withdraw accordingly; 2) Provide an update to the Court as to the role and status of attorney Justin M. Taylor; and 3) Provide the Court with Whalen's last known address for the Court's records. Signed by Magistrate Judge Katherine P. Nelson on 10/21/2022. (meh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LAURA K. WHALEN,
Plaintiff,
v.
TOYOTA MOTOR SALES,
U.S.A., Inc.
Defendant.

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) CIVIL ACTION NO. 1:21-00503-KD-N
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ORDER

This action is before the Court on a motion to withdraw as counsel for Plaintiff,
Laura K. Whalen, filed by attorney Brian A. Traywick of Shunnarah Trial Attorneys.
(Doc. 21).1 For the reasons stated below, Traywick’s motion is DENIED. Should
Traywick desire to refile his motion in accordance with the steps outlined below, he
must do so no later than October 31, 2022.
The present case was initiated in this Court on November 11, 2021, following
a Notice of Removal (Doc. 1) from the Circuit Court of Perry County Alabama filed by
Defendant Toyota Motor Sales. At the time of removal, Plaintiff’s attorney of record
was Justin M. Taylor of Shunnarah Trial Attorneys. (Doc. 1, PageID.9).2 On August
12, 2022, Traywick filed a notice of appearance in which he requested the Court “enter
his name as an additional attorney of record” for Plaintiff. (Doc. 20, PageID.107).

The assigned District Judge referred the present motion to the undersigned Magistrate Judge for
appropriate action under 28 U.S.C. § 636(a)–(b), Federal Rule of Civil Procedure 72, and S.D. Ala.
GenLR 72(a). See S.D. Ala. GenLR 72(b); (10/18/2022 electronic reference).

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At the time of removal, Taylor was not admitted to practice before this Court, though a review of
Court records indicates his admission to do so as of January 19, 2022.

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Between Traywick’s notice of appearance and the current motion to withdraw, there
have been no record filings in this case.
Traywick’s motion seeks withdraw due to an inability to get in touch with his
client. (See Doc. 21). Specifically, Traywick states, “[t]he plaintiff in this case has
failed to contact the above counsel after counsel made several attempts to contact
her.” (Doc. 21, PageID.109). The motion goes on to request the Court grant his motion
and also “grant the Plaintiff 60 days to obtain a new [a]ttorney.” (Id.).
Under this Court’s local rules:
Unless disbarred or suspended, attorneys shall be held at all times to
represent the parties for whom they appear of record in the first instance
until, after formal motion and notice to such parties and to opposing
counsel, they are permitted by order of the Court to withdraw from such
representation. The Court may, however, permit withdrawal without
formal motion and notice if other counsel has entered an appearance for
the party.
S.D. Ala. GenLR 83(h).
Attorneys practicing in this district are further obligated to comply with the
Alabama Rules of Professional Conduct. See S.D. Ala. GenLR 83(i). Pursuant to Rule
1.16, “a lawyer may withdraw from representing a client if the withdrawal can be
accomplished without material adverse effect on the interests of the client, or if …
the client fails substantially to fulfill an obligation to the lawyer regarding the
lawyer’s services and has been given reasonable warning that the lawyer will
withdraw unless the obligation is fulfilled.” Ala. Rules of Prof. Conduct Rule
1.16(b)(4). Additionally, “[u]pon termination of representation, a lawyer shall take
steps to the extent reasonably practicable to protect a client’s interests,” including

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the provision of reasonable notice and allowing time for employment of other counsel.
Ala. Rules of Prof. Conduct Rule 1.16(d).
While Traywick has requested 60 days for his client to find a new attorney, he
has not provided any indication that reasonable notice was provided to his client –
nor whether any notice was provided at all. Thus, at a minimum, Traywick must
inform Whalen of his intent to withdraw as counsel and communicate the basis for
this decision with her. Understanding that a lack of communication is at the crux of
his underlying motion, Traywick can accomplish the provision of reasonable notice by
serving Whalen with a copy of the motion to withdraw (Doc. 21) at her last known
address and providing the Court with proof of service to document this effort.
Moreover, it is unclear what role – if any – attorney Justin Taylor currently
has in this case. In Traywick’s notice of appearance, he refers to himself as “an
additional attorney of record,” (Doc. 20, PageID.107), yet in his motion to withdraw,
he requests 60 days for Plaintiff “to obtain a new attorney.” (Doc. 21, PageID.109).
The record does not reveal that Taylor has withdrawn from this case – nor does
Traywick’s motion appear to speak on Taylor’s behalf. As such, it is unclear to the
undersigned why Plaintiff would need “to obtain a new attorney,” if Taylor (who also
works at Shunnarah Trial Attorneys) remains on the case. Accordingly, Brian A.
Traywick is ORDERED to, no later than October 31, 2022:
•

Notify Whalen of his intent to withdraw by following the steps outlined
above and refile his motion to withdraw accordingly.

•

Provide an update to the Court as to the role and status of attorney

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Justin M. Taylor in this litigation.
•

Provide the Court with Whalen’s last known address for the Court’s
records.

DONE and ORDERED this the 21st day of October 2022.
/s/ Katherine P. Nelson
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE

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