McKool Smith, Client Agree Firm Can Withdraw: Judge Says No.

McKool and its client, Golden Bridge Technology (GBT), were on the eve of trial against Apple when, due to unpaid bills, McKool and GBT moved to allow McKool to withdraw and be replaced by another firm that had agreed to represent GBT… so long as trial was continued.  Apple was fine with it, so long as the trial date was maintained.

Result: motion denied.  The order is here (I hope): apple mckool order

The judiciary has its own interest in withdrawing lawyers — delay in resolving disputes and docket management being two — and so this result, from afar, seems correct. (It’s also discretionary, so….)

Evergreen retainers are always a good idea is the obvious lesson in this case.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.