United States District Court, M.D. Pennsylvania
September 1, 2005.
ASHLEE MARTSOLF, on behalf of herself and all others similarly situated, Plaintiff
JBC LEGAL GROUP, P.C., et al., Defendants. ASHLEE MARTSOLF, on behalf of herself and all others similarly situated, v. OUTSOURCE RECOVERY MANAGEMENT, INC., Defendant.
The opinion of the court was delivered by: CHRISTOPHER CONNER, District Judge
AND NOW, this 1st day of September, 2005, upon consideration of
the motions of counsel for defendants in the above-captioned
cases*fn1 for leave to withdraw, on grounds that defendants
are able to secure substitute counsel and have failed, despite
reasonable warning, to fulfill financial obligations owed to
their present counsel, resulting in an unreasonable financial
burden on counsel and an irretrievable break in the
attorney-client relationship, see PA. RULES PROF'L CONDUCT R. 1.16(b)(1), (5)-(7) (permitting a lawyer to terminate
representation if it would not have a "material adverse effect on
the interests of the client," if "the client fails substantially
to fulfill an obligation to the lawyer regarding the lawyer's
services," if "the representation will result in an unreasonable
financial burden on the lawyer," or if "other good cause for
withdrawal exists"); see also L.R. 83.23.2 (adopting
Pennsylvania Rules of Professional Conduct), it is hereby ORDERED
1. Counsel for defendants shall, on or before
September 16, 2005, forward copies of the motions for
leave to withdraw and a copy of this order to their
clients and shall confer with the clients regarding
the clients' right to object to the motions and the
ramifications of withdrawal, including the potential
for dismissal of claims against unrepresented
2. Defendants shall be permitted to submit objections
to the motions for leave to withdraw on or before
September 26, 2005. Objections shall be written and
shall be submitted to counsel for defendants.
3. Counsel for defendants shall file copies of any
objections submitted by defendants or, if no
objections are submitted, shall file a notice of
concurrence in the motion for leave to withdraw on or
before September 30, 2005.
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