You’ve determined that the judge is likely to be an obstacle to reasonable resolution.* This series began discussing the possibility of the nuclear option of a motion for recusal. Last in the series is another nuclear option: Removing yourself from the case. Considerations:
● It hurts the client substantially to force him or her to retain new counsel;
● You don’t want your personal problem with the judge (if that is the case) to harm client interests;
● You do not want to remove yourself, bail on your client, just because things are getting rough;
● There are business considerations, client relationship considerations;
● It is impractical to remove yourself whenever a particular judge is assigned to your case.
In very limited circumstances removing yourself may be the solution.
*My sincere thanks to the judges and other lawyers who shared their thoughts with me on this very sensitive topic.
Certified in civil-circuit, family and appellate. I was an accountant before becoming an attorney. Facilities in most major cities. Schedule without call or email on my website, http://www.mediatorman.com.
(Because of the nature of the topic, this and a few of the prior Tips were quite long. Next week and in the future I’ll be back to the normal, very short Tips.)