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MARTSOLF v. JBC LEGAL GROUP

United States District Court, M.D. Pennsylvania


September 1, 2005.

ASHLEE MARTSOLF, on behalf of herself and all others similarly situated, Plaintiff
v.
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

ORDER

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 that:

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 corporate defendants.*fn2
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.
20050901

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