Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN RE PEREZ

United States Bankruptcy Court, D. Arizona.
Mar 12, 2008
MEMORANDUM DECISION RE: WITHDRAW AL OF ATTORNEY

JAMES MARLAR, Bankruptcy Judge

The court has reviewed the Motion to Withdraw filed by the Debtor's counsel, Eric Slocum Sparks. The court has also read a letter, from Mr. Sal Guerrero, requesting an ex parte meeting with the court in order to describe what he perceives to be "many faults" of Debtor's counsel, relative to Mr. Sparks' representation of the Debtor.

First, it is judicially improper for this court to meet separately with any party in the context of a contested matter. The court must remain neutral and impartial in any dispute. Such neutrality can only be achieved in open court settings, with all matters being recorded, and each side having an opportunity to speak and present their respective views to the court.

Second, it is unclear what would be accomplished at any private meeting. If Mr. Perez (the client) has concerns that his attorney is not acting in a manner consistent with the Rules of Professional Conduct, then his remedy is to file a grievance with the State Bar of Arizona, which has the responsibility for dealing with how an attorney conducts himself or herself with clients, courts and third parties. This court has no role in any such disciplinary matters.

Third, the letter complaining of attorney Sparks' conduct is signed by Sal Guerrero, who is not a party to these proceedings. Therefore, he has no legal standing to invoke the court's jurisdiction for another, or to present another's case to a court. Only Mr. Perez, or an attorney representing him, can do that.

Fourth, the letter sets forth no reasons why the attorney-client relationship should not be severed. It appears that Mr. Perez should seek new counsel to represent him. Alternatively, he can represent himself, should that be his choice.

Therefore, the court finds good cause exists to grant Mr. Sparks' Motion to Withdraw to relieve Mr. Sparks of his duties as Debtor's counsel of record, effective immediately.

A separate order will be entered. FED. R. BANKR. P. 9021.