California OAH special education order · May 26, 2015
Order Denying Request to Withdraw as Counsel
OAH Case No. 2015010890 · ALJ Peter Paul Castillo
OAH denied Student's attorney's request to withdraw as counsel because the proof of service did not show that Student's parent was served with the request.
This case went to decision
Capistrano Unified School District v. Student: Capistrano Unified's case defending its assessments dismissed as moot after Parents withdrew their IEE requests on the hearing day. (2015)
Summary
Student's attorney, Phillip W. VanAllsburg, asked to withdraw as counsel in this District-filed case. OAH denied the request. An attorney who wants to withdraw must give the client notice of the request, and the proof of service did not show that Student's parent had been served.
Why it matters
An attorney cannot simply step away from a family's special education case. The client must be formally notified, which protects parents from losing their lawyer without warning.
Key authority cited
- In re Malcolm D. (1996) 42 Cal.App.4th 904
- Code Civ. Proc., § 284, subd. (2)
People named in the order
- Phillip W. VanAllsburg, Student's counsel
Topics
Full text of the order
Published text of the OAH order. Page headers and numbers from the original PDF have been dropped.
BEFORE THE
OFFICE OF ADMINISTRATIVE HEARINGS
STATE OF CALIFORNIA
In the Matter of:
CAPISTRANO UNIFIED SCHOOL OAH Case No. 2015010890
DISTRICT,
ORDER DENYING REQUEST TO
v. WITHDRAW AS COUNSEL
PARENT ON BEHALF OF STUDENT.
On May 26, 2015, Student’s counsel, Phillip W. VanAllsburg, filed a motion to withdraw as counsel.
APPLICABLE LAW, DISCUSSION AND ORDER
An attorney who seeks to withdraw as legal counsel must provide notice to the client of the withdrawal of counsel request. (In re Malcolm D. (1996) 42 Cal.App.4th 904, 914;
Code Civ. Proc., § 284, subd (2).) In this matter, Student’s counsel request to withdraw as legal counsel did not include on the proof of service that Student’s parent was served with a copy of the request. Therefore, Student’s counsel request to withdraw as counsel is denied.
IT IS SO ORDERED.
DATE: May 26, 2015
/ S/
PETER PAUL CASTILLO
Presiding Administrative Law Judge Office of Administrative Hearings