Martin v. County of San Diego et al

Filing 42

ORDER granting 35 Plaintiff's Counsel's Motion to be relieved as Counsel of Record. Attorney Keith Howard Rutman terminated in case as to Plaintiff Drew Martin. The Court advises Plaintiff that he is now proceeding in this matter pro se and must provide the Court with his current contact information, including mailing address. Plaintiff's counsel shall provide Plaintiff with copies of any documents in his possession that Plaintiff may need to litigate his case, as well as a copy of this Order and the Court's Order Providing Notice to Pro Se Prisoner of Requirements for Opposing Summary Judgment, to be issued contemporaneously herewith. Signed by Judge Michael M. Anello on 1/10/12. (lao)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

DREW MARTIN,

CASE NO. 11cv91-MMA (RBB)

12

Plaintiff,

13

vs.

ORDER GRANTING PLAINTIFF’S
COUNSEL’S MOTION TO BE
RELIEVED AS COUNSEL OF
RECORD

14
15

COUNTY OF SAN DIEGO, et al.,

[Doc. No. 35]

Defendant.

16

This civil rights action is currently before the Court on the motion of counsel for Plaintiff

17
18

Drew Martin to withdraw as attorney of record. The motion is unopposed. For the reasons set forth

19

below, the Court GRANTS the motion.
An attorney may not withdraw as counsel except by leave of court, Darby v. City of

20
21

Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992), and “[t]he decision to grant or deny counsel’s

22

motion to withdraw is committed to the discretion of the trial court.” LaGrand v. Stewart, 133 F.3d

23

1253, 1269 (9th Cir. 1998); see also CIV. L.R. 83.3(g)(3). Withdrawal is governed generally by the

24

California Rules of Professional Conduct. See Nehad v. Mukasey, 535 F.3d 962, 970 (9th Cir. 2008)

25

(applying California Rules of Professional Conduct to attorney withdrawal).

26

///

27

///

28

///
-1-

11cv91

1
2

An attorney seeking to withdraw must adhere to the requirements of California Rule of
Professional Conduct 3-700(A)(2), which provides:

3

5

A member shall not withdraw from employment until the member has taken reasonable
steps to avoid reasonably foreseeable prejudice to the rights of the client, including
giving due notice to the client, allowing time for employment of other counsel,
complying with Rule 3-700(D) [which addresses the disposition of client papers and
property], and complying with applicable laws and rules.

6

In addition to serving Defendants and Plaintiff with the motion, Plaintiff’s counsel also provided a

7

courtesy copy to Plaintiff’s parents. Plaintiff’s counsel has fulfilled the notice requirement of Rule

8

3-700(A)(2).

4

Plaintiff’s counsel moves to withdraw based on his client’s failure to pay the full amount of

9
10

fees owed for services rendered and expenses incurred during the course of this litigation. See

11

Rutman Decl’n, 1-2. California Rule of Professional Conduct 3-700(C)(1)(f) provides that an

12

attorney may request permission to withdraw if the client “breaches an agreement or obligation to

13

the member as to expenses or fees.” According to Plaintiff’s counsel, his client has been unable to

14

comply with their fee agreement for some time, resulting in Plaintiff’s counsel advancing

15

approximately $6,000 of his own funds to cover expenses related to this litigation. See Rutman

16

Decl’n, 2-3. Plaintiff’s counsel deferred the payment of fees to allow his client additional time to

17

reimburse expenses and comply with the fee agreement, to no avail. Id. at 2. On September 12,

18

2011, Plaintiff was arrested on charges of drug possession and distribution, and thereafter entered

19

into a plea agreement which anticipates a seven year stipulated prison term. Id. at 3. Plaintiff’s

20

ability to comply with the fee agreement or otherwise cover the expense of this litigation is now

21

further constrained due to his incarceration.

22

The Court finds that Plaintiff’s counsel has complied with the applicable rules of

23

professional conduct and demonstrated that good cause exists for his withdrawal as attorney of

24

record. Accordingly, the Court GRANTS the motion to withdraw, effective as of the date this

25

Order is filed. The Court advises Plaintiff that he is now proceeding in this matter pro se and

26

must provide the Court with his current contact information, including mailing address.

27

///

28

///
-2-

11cv91

1

As soon as practicable, and in compliance with California Rule of Professional Conduct

2

3-700(D), Plaintiff’s counsel shall provide Plaintiff with copies of any documents in his possession

3

that Plaintiff may need to litigate his case, as well as a copy of this Order and the Court’s Order

4

Providing Notice to Pro Se Prisoner of Requirements for Opposing Summary Judgment, to be issued

5

contemporaneously herewith.

6
7

IT IS SO ORDERED.
DATED: January 10, 2012

8
9

Hon. Michael M. Anello
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

11cv91