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RUSINOW v. KAMARA

March 25, 1996

GEORGE RUSINOW, et al., Plaintiffs,
v.
ABU KAMARA, et al., Defendants.



The opinion of the court was delivered by: ORLOFSKY

 This matter comes before the Court on the motion of the law firms of Latti Associates and the Offices of Francis J. DeVito, attorneys for Plaintiffs, George Rusinow, Artur Jedrych and Michael Trucking Corporation, to withdraw as counsel for all Plaintiffs. In support of their motion, Plaintiffs' counsel have submitted the Certification of David J. Berg, Esq., dated March 14, 1996 ("Berg, March 14, Certification"), as well as the Affidavit of David J. Berg, Esq., dated March 18, 1996, to which six exhibits are attached, which has been submitted to me for in camera review. *fn1"

 Oral argument was heard on this motion by telephone conference call on the record on March 22, 1996. The trial of this matter is scheduled to begin on April 1, 1996, and the parties have been directed to submit Trial Briefs, Requests to Charge and proposed Voir Dire questions by March 25, 1996. Moreover, the Final Pretrial Order was filed in this case on June 2, 1995, almost ten months ago.

 The issue presented in this case is two-fold: (1) whether movants can establish good cause to withdraw as Plaintiffs' counsel pursuant to Rule 1.16(b) of the New Jersey Rules of Professional Conduct; and (2) assuming a showing of good cause, whether the withdrawal of Plaintiffs' counsel can be accomplished without a material adverse effect on the interests of their clients, the interests of the other parties to this action, and the administration of justice. See Lite, N.J. Federal Practice Rules, (1996 Ed.), Comment to Rule 18 at 116, citing Avante-Garde Computing Inc. Securities Litigation, Civ. No. 85-4149 (D.N.J. letter op. and order filed August 31, 1989) (Simandle). Because this Court finds that movants' withdrawal as counsel for Plaintiffs will adversely affect the interests of both their clients and the Defendants, and that their withdrawal will significantly interfere with the timely adjudication of this action, their motion will be denied.

 FACTUAL AND PROCEDURAL HISTORY

 This action, originally filed by Plaintiffs on April 29, 1994, arises out of a motor vehicle accident which occurred on the New Jersey Turnpike on February 21, 1994, involving Plaintiff, George Rusinow, and Defendant, Abu Kamara. At the time of the accident, Mr. Rusinow was driving a motor vehicle owned by Plaintiffs, Artur Jedrych and Michael Trucking Corp., and Mr. Kamara was driving a motor vehicle owned by Defendant, Barami Enterprises, Inc.

 As noted above, a Final Pretrial Stipulation and Order ("Final Pretrial Order") was entered on June 2, 1995. On February 22, 1996, Defendants, Abu Kamara and Barami Enterprises, Inc., filed a Motion to Amend the Pretrial Order to name an additional fact witness, John W. Betzold, Jr., and to include as an additional exhibit the Driving Record Report of Plaintiff, George Rusinow, issued by the State of Maine. Defendants, George Williams and Billy Love, informally joined in the motion. In an Opinion and Order, dated March 11, 1996, this Court granted Defendants' Motion to Amend the Pretrial Order.

 On March 15, 1996, the law firms of Latti Associates and the Offices of Francis J. DeVito, attorneys for Plaintiffs, George Rusinow, Artur Jedrych and Michael Trucking Corporation, filed a motion to withdraw as counsel for all Plaintiffs. This motion is presently before this Court.

 DISCUSSION

 In addition to General Rule 18, this Court must consider the criteria set forth in RPC 1.16 of the New Jersey Rules of Professional Conduct ("RPC 1.16"), in deciding whether to grant an attorney leave to withdraw. The New Jersey Rules of Professional Conduct are made applicable in this Court by General Rule 6. *fn2" Haines v. Liggett Group, Inc., 814 F. Supp. at 422. The provisions of RPC 1.16 are consistent with the criteria embodied in General Rule 18. Haines, 814 F. Supp. at 423. See also Lite, N.J. Federal Practice Rules, (1996 Ed.), Comment to Rule 18 at 116.

 RPC 1.16 governs the termination of an attorney's representation of a client. In particular, RPC 1.16(a)(1) states that a lawyer shall withdraw from representing a client where "the representation will result in violation of the Rules of Professional Conduct or other law." In addition, RPC 1.16(b) permits a "lawyer [to] withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if" any of the criteria enumerated in (b)(1)-(6) is met. *fn3"

 Withdrawal pursuant to both RPC 1.16(a) and (b) is limited by RPC 1.16(c) which states that "when required to do so by rule or when ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation." RPC 1.16(c) recognizes the notion that "even if withdrawal is otherwise appropriate, other considerations must sometimes take precedence, such as maintaining fairness to litigants and preserving a court's resources and efficiency." Haines v. Liggett Group, Inc., 814 F. Supp. at 423. Criteria such as the proximity to trial and the possibility for a client to obtain substitute counsel are also relevant considerations. Jacobs v. Pendel, 98 N.J. Super. 252, 255, 236 A.2d 888 (App. Div. 1967).

 In support of the motion to withdraw in the instant case, Mr. Berg states that on February 21, 1996, he was notified by the insurer and the counsel for Defendants, Kamara and Barami, "of certain evidence involving Plaintiff Rusinow which would potentially impeach his credibility and possibly constitute insurance fraud or perjury, if proven." (Berg, March 14, Certification P8). Mr. Berg further states that he informed his clients of the information he learned from the insurer and Defendants' counsel, and based upon his clients' responses to that information, he is seeking to withdraw as counsel based upon RPC 1.16(b)(1), (3), (5) and (6), ...


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