Pinder v. Employment Development Department, et al

Filing 26

ORDER signed by Judge Lawrence K. Karlton on 7/21/14: Counsel shall file the affidavit or declaration required by this order no later than July 30, 2014 at 4:30 p.m. Counsel shall also file a declaration in the public record establishing compl iance with Cal. Prof. Conduct Rule 3-700(D) (regarding client files and retainer agreement funds) and the representations in counsel's affidavit concerning waiver of expenses and recovery of attorney fees, or what steps they have taken to comply. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK PINDER,

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No. CIV. S-13-817 LKK/AC

Plaintiff,
v.

ORDER

EMPLOYMENT DEVELOPMENT
DEPARTMENT; RICHARD ROGERS;
DAVID DERKS and DOES 1-50,
inclusive,

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Defendants.
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Lawrance A. Bohm and Erik M. Roper, together with their law

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firms, the Bohm Law Group and Law Office of Erik M. Roper, move

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to withdraw as counsel for plaintiff.

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signed declaration that “[a]fter recent efforts to settle this

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matter were proven unsuccessful, Plaintiff has decided to

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continue pursuit of his case.”

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Esq. (ECF No. 22) at 3.

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to the withdrawal of counsel” as requested in the motion, and

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that counsel “have agreed to waive recovery of all litigation

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expenses and any recovery of attorney fees.”

Counsel represent in a

Declaration of Erik M. Roper,

Counsel represent that plaintiff “agrees

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Id. at 4, 5.

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Counsel also represent that, if required, they will file

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additional affidavits under seal in order to avoid breach of

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client confidentiality.

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No affidavit from plaintiff has been filed, nor does counsel’s

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affidavit include plaintiff’s current or last known address or

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addresses, as required by E.D. Cal. R. 182(d).

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Motion to Withdraw (ECF No. 22) at 2.

The California Rules of Professional Conduct, made

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applicable to this motion by E.D. Cal. R. 182(d), require counsel

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to make a showing that mandatory or permissive withdrawal

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applies.

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affidavit suggests that Rule 3-700(C)(5), which permits

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withdrawal when “[t]he client knowingly and freely asserts to

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termination of the employment” may govern resolution of the

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motion.

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See Cal. Prof. Conduct Rule 3-700(B) & (C).

Counsel’s

California rules also preclude a lawyer from “burden[ing]

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the client’s ability to make settlement decisions by structuring

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the representation agreement so as to allow the lawyer to

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withdraw, or to ratchet up the cost of representation, if the

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client refuses an officer of settlement.”

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F.3d 962, 971 (9th Cir. 2008).

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plaintiff’s decision to pursue this action after unsuccessful

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efforts at settlement is intertwined with the current motion.

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order to ensure that the proposed withdrawal comports with all

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applicable rules, counsel will be required to file either an

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affidavit from plaintiff that includes his current address and

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demonstrates compliance with Rule 3-700(C)(5) or a declaration

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under seal that makes a showing sufficient to satisfy the

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requirements of Rule 3-700.

Nehad v. Mukasey, 535

The record suggests that

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In

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In accordance with the above, IT IS HEREBY ORDERED that

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counsel shall file the affidavit or declaration required by this

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order no later than July 30, 2014 at 4:30 p.m.

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also file a declaration in the public record establishing

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compliance with Cal. Prof. Conduct Rule 3-700(D) (regarding

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client files and retainer agreement funds) and the

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representations in counsel’s affidavit concerning waiver of

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expenses and recovery of attorney fees, or what steps they have

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taken to comply.1

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DATED:

Counsel shall

July 21, 2014.

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If counsel believes that this information would violate the
client’s confidences, it too, may be submitted under seal.

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