Resignation of an Attorney in Civil Proceedings

Resignation of an attorney has important effects on the principal and the process of trial. If the court or principal do not know about the resignation of the attorney، it may create irreparable losses for principal or cause prolongation of proceedings. So determining exact and comprehensive criterions about the resignation of attorney is necessary. If the attorney does not observe these criterions، it may cause disciplinary or civil liability or both of them. However، due to the necessity of the protection of principal''s rights، some measures of resigned attorney is acceptable. For instance، presenting an incomplete petition by resigned attorney is satisfactory to the court، while the mentioned action of the attorney is a kind of disciplinary offence. Sometimes legislature requires renewal of notification to principal، while it is serviced to the attorney and if it has been proved that the principal was not aware of the resignation of attorney، the principal''s awareness date is the commencement of the computation of time limits. This provision may endanger other party''s rights and cause prolongation of proceedings and result in collusion between principal and his/her attorney.