VIC Notice of withdrawal as Lawyer

[Vanda]

Hi all,
I received this notice from my former partner's solicitor yesterday.

NOTICE OF WITHDRAWAL AS LAWYER
Take notice that: 1. I have previously acted for XXXXXXXXXX (“the client”) in this case.
1. I hereby withdraw from the record and no longer act for the client in this case.
2. I confirm that -
(a) I have served a notice of intention to withdraw as lawyer (“the notice of intention to withdraw”) on the client by emailing it to her.
(b) the notice of intention to withdraw was served on the client at least 7 days before the date of filing of this notice;
(c) a true copy of the notice of intention to withdraw is attached to this notice; and
(d) the client’s last known residential or business address and telephone number are set out in the notice of intention to withdraw.

It reads as if she has given notice to her client and no longer wants to represent her. I would never have thought a lawyer would give up on a paying client.
We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

Thanks
Vanda

 

[Tim W]

It reads as if she has given notice to her client and no longer wants to represent her.

Yeah. Basically, your ex has been sacked as a client.

I would never have thought a lawyer would give up on a paying client.

There are lots of reasons, both legal and ethical, why one might, in the language of the profession - "Cease To Act".

We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

Not your lawyer? Not your problem.
Except that you can almost certainly expect a move to change the date of the upcoming conference.
That might happen at short notice. Best advice I can give to you is to agree to any change, without making a fuss.
You want to give the impression of being sane/sensible/rational/reasonable at every turn.

Is this normally the case? Or would have my former partner notified her solicitor that their services were no longer required?

It's not everyday, but Ceasing is by no means unusual.
If you look at the Agreement that you signed with your own lawyer,
somewhere in it, you'll see a list of some of the reasons why a lawyer can, and in some cases, must, Cease.

 

[Atticus]

We are still going through the Federal Circuit Court in regards to my time with the children with a conciliation conference scheduled for two weeks time.

What is the situation with the kids? ..... Contravening an existing order? No orders yet? Are you seeing the kids at all?

 

[Vanda]

Thanks Tim W, I will look out for a change in date. This is something that did not cross my mind, though makes sense.

Atticus, Yes I see them 4 nights a fortnight, though two separate family reports (3 years apart) say the children should be in my care 6/7 nights a fortnight, All the other side has ever said is that they believe it is not in the best interest for the children for this to occur and never given reason as to why its not in their best interest.
All I have ever wanted after our break up was to have the children 50/50 and all she wants is me out the children's life. But the children stated to the family report writer that they want more time with Dad (and that is clearly included in the report)

 

[Atticus]

Yes I see them 4 nights a fortnight,

Okay ... Probably fair enough not to oppose any change of date request then ..... Would be a much more urgent matter if they were being completely withheld, & a solid reason to oppose any change of date in that case..

 

[Vanda]

Thanks for the advice Atticus, I'll wait to see what happens from here.