SUPREME COURT OF THE STATE OF XXX
COUNTY OF XXX
_____________________________________
XXX,
Plaintiff,
v.
GOLDEN TOUCH TRANSPORTATION,
Defendant.
Case No. XXX
MOTION TO TERMINATE COUNSEL
COMES NOW Plaintiff XXX (hereinafter “Plaintiff”), and files this
Motion to Terminate Counsel (hereinafter “the motion”). In support thereof, the Plaintiff state as
follows:
BACKGROUND
Plaintiff filed this personal injury and Worker’s Compensation matter on or about June 8,
XXX. Plaintiff had sustained injury while working for American Airlines. Accordingly, Plaintiff
hired attorney Frank Cassisi (hereinafter “the attorney”) to help in the case.
Ever since Plaintiff hired the attorney, he had been requesting the attorney for a written
status update on the case. However, the attorney has never provided Plaintiff the status updates
as requested. Further, on or about June XXXX the attorney’s office emailed Plaintiff a letter
dated June XXX from Naomi J. Skura the attorney for the Defendant, confirming a settlement
offer of $500,000. Plaintiff was not aware of the Settlement, and had never given the Defendant
his (Plaintiff’s) consent or intention to settle the matter. On or about August 18, 2022, Plaintiff
filed an Objection to the Trustee’s Motion for Approval of Settlement.
Aggrieved of the attorney’s conduct, Plaintiff sent the attorney a notice of termination of
counsel, on August XXX. Plaintiff hereby files this Motion to formally effect the termination
of Frank Cassisi as his counsel.
ARGUMENTS
The attorney should withdraw from representation because he is discharged.
According to Rule 1.16(b)(3) of the New York Rules of Professional conduct (hereinafter
“Rules”), a lawyer shall withdraw from the representation of a client when the lawyer is
discharged. Rule 1.16(c)(10) provides further that a lawyer may withdraw from representation
when the client knowingly and freely assents to termination of the lawyer’s employment.
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Further, 22NYCRR 604.1(6) provides that once a lawyer who has entered appearance for
a client, the lawyer cannot be discharged and/or withdraw from the case without permission of
the court. Courts considering whether to permit withdrawal look to the prejudicial effect the
withdrawal would have on the client. See, e.g., Alter v. Oppenheimer & Co., Inc., 2008 WL
5050071 (N.Y. Sup. Ct. Nov. 20, 2008).
In the instant action, Plaintiff knowingly and freely terminated the services of the
attorney. The termination of the attorney’s services is justified by the failure of the attorney to
offer services according to the Rules of Professional Conduct. For instance, the attorney
breached Rule 1.4 of the New York Rules of Professional Conduct (2021) when he failed to
maintain prompt communication with Plaintiff. Specifically, the attorney never provided
Plaintiff’s requests for status updates. Also, the attorney entered a Settlement Agreement with
the Defendant’s attorney, without first informing Plaintiff and obtaining Plaintiff’s consent.
WHEREFORE, due to the foregoing averments, Plaintiff requests that attorney Frank
Cassisi be terminated from representing Plaintiff in this case. Plaintiff also prays this Court give
any other order it deems just.
Respectfully,
____________________ ___________________
XXX
XXX
XXX
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CERTIFICATE OF SERVICE
I certify that a copy of this Motion was served on [ENTER DATE] to the following:
XXX
XXX
XXX
XXX
____________________ ___________________
XXX
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