Free Motion to Withdraw as Attorney - District Court of Connecticut - Connecticut

Case 3:03-cv-00943-AWT

Document 115

Filed 04/23/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT GARY SESSION, Plaintiff V. EDWIN RODRIGUEZ, ET AL. Defendants APRIL 23, 2007 CIVIL ACTION NO. 3:03-cv- 00943 (AWT)

MOTION TO WITHDRAW AS COUNSEL Pursuant to local Rule 7 (e), the undersigned, as counsel for the Plaintiff Gary Session hereby moves this court for permission to withdraw as counsel of record for the Plaintiff. In support thereof, the undersigned represents: 1. That the Plaintiff executed a written retainer agreement with Philip

Russell, LLC on or about January 28, 2003; 2. Plaintiff; 3. That the undersigned agreed to appear on behalf of the Plaintiff at the That the undersigned does not have any retainer agreement with the

request of and based upon certain promises and guarantees of litigation and financial support made to the undersigned by Philip Russell, Esq.; 4. That on or about February 19, 2007, the Plaintiff wrote to the Hon. Alvin

W. Thompson, United States District Court judge complaining about the performance of his attorneys, including the undersigned and seeking their removal; 5. letter; That as of this date, the undersigned has never received a copy of that

Case 3:03-cv-00943-AWT

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6.

That on March 5, 2007, during a telephone conference call with Judge

Thompson, the Plaintiff and all then counsel of record, the Plaintiff complained bitterly about his attorneys, the undersigned included (whom the Plaintiff denied ever having met or spoken to) and reiterated his desire to obtain new counsel; 7. That on March 5, 2007, Judge Thompson gave the Plaintiff forty five (45)

days within which to obtain new counsel; 8. That as of this date, to the best of my knowledge, the Plaintiff has not

secured replacement counsel; 9. That on March 5, 2007, Judge Thompson granted Attorney Russell's

Motion to Withdraw; 10. That on April 19, 2007, Karen Mayer, Esq., an associate attorney at Philip

Russell, LLC, moved to withdraw her appearance on behalf of the Plaintiff; 11. That since March 5, 2007, the Plaintiff has stated that he desires the

undersigned to continue as his attorney but that his words and actions since March 5, 2007 flatly contradict that expressed desire; 12. That in fifteen (15) years of practicing law, the undersigned has never

before experienced such sustained disrespect and difficulty from any client as he has experience with the Plaintiff; 13. 14. That the undersigned is a solo practitioner of limited financial means; That the withdrawal of Attorney Russell and the prospective withdrawal of

Attorney Mayer has and will deprive the undersigned of the essential litigation and

Case 3:03-cv-00943-AWT

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financial support he was promised and that he requires in order to continue to represent the Plaintiff; 15. That the above stated circumstances have combined to create an untenable

situation for the undersigned, sufficient to convince the undersigned that he cannot continue to represent the Plaintiff. 16. Notice of this Motion has been sent via first class mail and email to

plaintiff, Gary Session. WHEREFORE, the undersigned respectfully moves this Court to grant his Motion to Withdraw as counsel of record for Plaintiff Gary Session. THE PLAINTIFF GARY SESSION

By

/Roy S. Ward/ Roy S. Ward, Esq. 3695 Post Road, Suite 203 Southport, CT 06890 Tel: (203) 255-9829 Fax: (203) 255-9839 Email: [email protected] Fed. Bar. No. ct11618