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Home My WebLink About2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 036 - Motion To Withdraw For RichmanDISTRICT COURT OF LARIMER COUNTY, STATE OF COLORADO Court address: 201 Laporte Ave. Fort Collins, CO 80621 T: (970) 494-3500 Plaintiffs: STUWARD CROSS AND KATRINA RICHMAN v. Defendant: THE CITY OF FORT COLLINS, STATE OF COLORADO Court Use Only Attorneys for Plaintiffs: Laura Browne, # 46673 Ashley Fridovich, # 47538 WILHITE, ROSE, MCCLURE & SAWAYA, P.C. 1600 Ogden Street Denver, CO 80218 Phone Number: (303) 839-1650 FAX Number: (303) 832-7102 E-mail: lbrowne@sawayalaw.com afridovich@sawayalaw.com Case Number: 19CV32927 Courtroom: 424 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL COMES NOW, Wilhite, Rose, McClure & Sawaya, P.C. as counsel for Plaintiffs and, pursuant to C.R.C.P. Local Rule 121 and C.R.P.C. 1.16, hereby moves to withdraw as counsel for Plaintiff Katrina Richman. For the following reasons and good cause, Plaintiffs’ counsel requests this Motion be granted and counsel be allowed to withdraw forthwith. Rule 121 Certificate of Conferral Pursuant to Local Rule 121 Section 1-1(2)(b), Plaintiffs’ counsel conferred with counsel for Defendant. Counsel for Defendant does not oppose this Motion. Counsel has attempted to confer with Plaintiff Richman regarding this Motion and Plaintiff Richman did not provide a position on the Motion. Counsel for Plaintiff went to Plaintiff Richman’s home on October 8, 2021, and asked Plaintiff Richman for her position on this Motion, which she did not provide. Counsel for Plaintiff then e-mailed Plaintiff Richman at approximately 3:00 p.m. on October 8, 2021 and requested that Plaintiff Richman communicate her position on this Motion by noon on October 11, 2021. Plaintiff Richman had not provided a position by the time of this filing. Introduction Plaintiffs’ counsel, Wilhite, Rose, McClure & Sawaya, P.C., moves to withdraw from representation of Plaintiff Katrina Richman. In support of this Motion, counsel for Plaintiffs cites to Colorado Rules of Professional Conduct, Rule 1.16(b)(2), (4) and (5). The attorney-client relationship between Ms. Richman and her counsel has broken down beyond repair. Trial for this matter is set to begin in 5 weeks, on November 15, 2021 and counsel does not wish to prejudice Ms. Richman in the furthering of her claim; thus, a Motion to Bifurcate Claims and Continue Trial for Only Plaintiff Katrina Richman is filed concurrently with this Motion. Colorado Rules of Professional Conduction, Rule 1.16(b)(1) states: “A lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client.” Motion to Withdraw As basis for withdrawal, Plaintiffs’ counsel states that withdrawal is permissive under Colorado Rule 1.16(b)(2), 1.16(b)(4) and 1.16(b)(5) of Professional Conduct. I. Legal Standard Colorado Rule 1.16(b) of Professional Conduct allows a lawyer to withdraw from representation under the following circumstances: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; (3) the client has used the lawyer's services to perpetrate a crime or fraud; (4) the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement; (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (6) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (7) other good cause for withdrawal exists. C.R.P.C. 1.16(b). Here, counsel for Plaintiff Katrina Richman moves to withdraw under C.R.P.C. 1.16(b)(2), (4) and (5). II. Legal Argument Requirements of professional consideration require termination of representation of Plaintiff Katrina Richman by counsel. Counsel for Plaintiffs cites to three sections of the Colorado Rules of Professional Conduct, Rule 1.16, Declining or Terminating Representation in support of her Motion to Withdraw from Representation of Plaintiff Richman. First, counsel cites to 1.16(b)(2). Counsel for Plaintiffs cannot provide details to the Court regarding this section in the form of a pleading without divulging attorney- client privileged communication. Comment [3] to Rule 1.16 states: “The court may request an explanation for the withdrawal, while the lawye r may be bound to keep confidential the facts that would constitute such an explanation. The lawyer's statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient.” Plaintiffs’ counsel states to the Court that, in the current matter, professional considerations require termination of representation of Plaintiff Richman under Rule 1.16(b)(2). Counsel will provide additional documentation upon order of the Court requiring counsel to do so. Counsel for Plaintiffs, in support of her Motion to Withdraw, next cites to Rule 1.16(b)(4). Again, counsel for Plaintiffs cannot provide details to the Court regarding this section in the form of a pleadings without divulging attorney-client privileged communications. Counsel states that, in the current matter, professional considerations require termination of representation of Plaintiff Richman under Rule 1.16(b)(4). Counsel will provide additional documentation upon order of the Court requiring counsel to do so. Finally, in support of her Motion to Withdraw, counsel for Plaintiffs cites to Rule 1.16(b)(5). Plaintiff Richman agreed to certain obligations as a condition of counsel’s representation of her on her personal injury case. Chief among them were a duty to cooperate with counsel, stay in communication, and provide updated contact information. Plaintiff Richman signed documents to this effect both at the time of the initial intake of her case, and when she agreed to enter litigation with counsel. Counsel has not provided these documents at this time in order to protect attorney-client privilege but will provide them in camera upon order of the Court to do so. Plaintiffs’ counsel has had consistent difficulty maintaining contact with Plaintiff Katrina Richman. Counsel for Plaintiff has had numerous phone calls and e-mails go unanswered and unreturned by Ms. Richman for weeks at a time, even as trial draws near. Counsel for Plaintiff has had mail sent to Ms. Richman’s address, which has come back returned despite that fact that Ms. Richman is indeed living at that address. Counsel for Plaintiff has had to hi re and pay a private investigator in Fort Collins go to Ms. Richman’s home to confirm her whereabouts. Ms. Richman refused to answer the door to this investigator, but did take the paperwork that the investigator left at her door, as it was gone when the investigator went back later to check. Counsel for Plaintiffs has no reason to believe Ms. Richman will maintain consistent contact leading up to trial. While counsel has not provided documentation of e-mails and letters that have been sent to Ms. Richman, to the Court with this Motion in order to protect attorney-client privileged communication, counsel will provide additional documentation upon order of the Court requiring counsel to do so. Ms. Richman’s case is joined with a companion; this trial is set to begin November 15, 2021. Counsel for Plaintiffs does not wish to prejudice Ms. Richman but cannot move forward with representation given the irreparable break-down in the attorney-client relationship. Counsel for Plaintiffs filed concurrently with this Motion a Motion to Bifurcate Claims and Continue Trial in order to alleviate any potential prejudice to Ms. Richman. Requirements of professional consideration require termination of representation of Plaintiff Richman by counsel under C.R.C.P. 1.16(b)(2), (4) and (5). As a result, this Court should grant the Motion to Withdraw. III. Advisement Pursuant to Section 1-1(2)(b) of Local Rule 121 Counsel for Plaintiffs hereby makes the following advisements pursuant to Section 1-1(2)(b) of Local Rule 121 governing withdrawal of counsel. 1. Ms. Richman is hereby advised of her burden of keeping the Court and the other parties informed where notices, pleadings or other papers may be served. She lives in Fort Collins and she may be served with such notices, pleadings, or other papers at 2027 Shorebird Drive, Apartment 202, Fort Collins, Colorado 80525, free2me.kr@gmail.com; (970) 803- 0264. C.R.C.P. Local Rule 121 Section 1-1(2)(b)(I). 2. Ms. Richman is hereby advised that should she fail or refuse to comply with all Court rules and Orders, she may suffer possible dismissal, default, or other sanctions. C.R.C.P. Local Rule 121 Section 1-1(2)(b)(II). 3. Ms. Richman is hereby advised of the dates of any proceedings, including trial, which dates will not be delayed nor proceedings affected by the withdrawal of counsel. C.R.C.P. Local Rule 121 Section 1-1(2)(b)(III). These dates are as follows:  Trial  Trial Briefs Due  Pre-Trial Conference  Trial /Witness Schedule Due to Court  Exhibit List Due To Court  Jury Instructions Due to Court  Juror Notebook Materials Due to Court  TMO Due  Deposition Designations ·Due  Witness & Exhibit List Exchange  11/15/2021 08:30 AM  11/01/2021 12:00 AM  11/01/2021 09:00 AM  11/08/2021 12:00 AM  11/08/2021 12:00 AM  11/08/2021 12:00 AM  11/12/2021 12:00 AM  10/18/2021 12:00 AM  10/18/2021 12:00 AM  10/11/2021 12:00 AM  Pretrial Motions and MILS Due  10/11/2021 12:00 AM 4. Ms. Richman and Defendant are hereby advised of their right to object to the motion to withdraw within 14 days after service of the motion. C.R.C.P. Local Rule 121 Section 1- 1(2)(b)(IV). 5. Ms. Richman’s last known address, email, and telephone number are: 2027 Shorebird Drive, Apartment 202, Fort Collins, Colorado 80525, free2bme.kr@gmail.com; (970) 803- 0264 C.R.C.P. Local Rule 121 Section 1-1(2)(b)(VI). Conclusion For the above reasons, and good cause having been shown, Wilhite, Rose, McClure & Sawaya, P.C., hereby requests this Motion be granted forthwith. DATED: October 11, 2021. Respectfully submitted, WILHITE, ROSE, MCCLURE & SAWAYA, P.C. /s /Laura Browne Laura Browne, Esq. CERTIFICATE OF SERVICE I certify that on October 11, 2021 this MOTION FOR LEAVE TO WITHDRAW AS COUNSEL was served on all parties via CCEF electronic filing or mail to the following: Andrew W. Callahan, Esq. Wick & Trautwein, LLC PO Box 2166 Fort Collins, CO 80522 Attorneys for all Defendant Andrew Stephens, Esq. Fort Collins City Attorney’s Office PO Box 580 Fort Collins, CO 80522 Katrina Richman 2027 Shorebird Drive, Apt 202 Fort Collins, CO 80525 Plaintiff /s/ Kassandra Burival Original Signature on File in Attorney’s Office Kassandra Burival, Litigation Paralegal