Attorney Withdrawal FAQ | Texas Family Law Powerhouse

Question 1

Can a public defender's office withdraw from an appeal when the lead attorney leaves?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including Zipper v. State. In SAPCR litigation, use a criminal Anders affirmation to defeat a parent's claim that their conviction is 'pending appeal.' By showing the appellate court found the appeal 'wholly frivolous,' family law practitioners can move for immediate restrictions on conservatorship and access under Texas Family Code § 153.004 without waiting for the exhaustion of all criminal remedies.

Question 2

Can I challenge when the other party's lawyer withdraws from my case?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Brian Jacob Cole v. Lindsey Renee Cole. Pro se litigants are held to the same rigorous standards as licensed attorneys; representing yourself does not excuse a failure to follow procedural rules, and failing to properly cite the record or legal authority in an appeal will result in a total waiver of your claims.