Opinion
Case No. 10-12661
12-17-2012
ORDER STRIKING PLAINTIFF'S MOTION FOR REMOVAL OF COUNSEL
Plaintiff Lowana Dumas moves for the court to remove her pro bono counsel, Racine Miller. Plaintiff asserts that there has been a breakdown in the attorney-client relationship in that counsel has breached Plaintiff's trust and the two are no longer communicating effectively. Plaintiff has asked counsel to withdraw from the case, but Plaintiff claims that counsel does not want to withdraw because counsel will not receive payment for her services if she does so. Plaintiff states that her motion, if granted, will both sever the attorney-client relationship and ensure that counsel receives payment.
A plaintiff may not file a motion to remove her attorney from a case. If an attorney wishes to withdraw from representation, the attorney must file an appropriate motion. See MRPC 1.16(b)(6). The attorney-client relationship between Plaintiff and counsel may have deteriorated to the point that it should be terminated. However, the court will not consider the merits of the issue until counsel moves to withdraw. Accordingly,
IT IS ORDERED that Plaintiff's motion for "removal of pro bono counsel" [Dkt. # 159] is STRICKEN.
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, December 17, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522
S:\Cleland\JUDGE'S DESK\C1 ORDERS\10-12661.DUMAS.Strike.Removal.Counsel.wpd