It's Gotta Hurt: Motion for Attorney Edward Fenno to Withdraw from Dana Eiser Case

Journalist Steve Green of the Las Vegas Sun (and sister newspaper VEGAS INC) recently reported that "Righthaven may need to find a new local attorney in South Carolina" in its case against Dana Eiser of Summerville. In December, Eiser posted a Denver Post column, "A Letter to the Tea Partyers," to her nonprofit advocacy website. Attorney Edward Fenno filed court papers May 17 saying he’s withdrawing from the case for undisclosed reasons. A judge has yet to rule on Fenno's motion.

Righthaven LLC v. Dana Eiser
MOTION FOR WITHDRAWAL OF APPEARANCE AND TO STAY PROCEEDINGS
Movant, Edward T. Fenno (“Counsel”), respectfully moves for withdrawal of his appearance as counsel for Plaintiff / Counter-Defendant Righthaven LLC (“Righthaven”) in the above-referenced matter, and to stay proceedings in this matter for fourteen (14) days to allow Righthaven opportunity to obtain substitute counsel. In support thereof, Counsel states the following:
1. Counsel’s withdrawal is permissible under the South Carolina Rules of Professional Conduct pursuant to Rule 1.16(b)(1) (“withdrawal can be accomplished without material adverse effect on the interests of the client”); Rule 1.16(b)(5) (“the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services or payment therefore and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled”); Rule 1.16(b)(6) (“the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client”); and/or Rule 1.16(b)(7) (“other good cause for withdrawal exists”).

See: Motion in full

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In a letter from Fenno to one of Eiser's attorneys, J. Todd Kincannon, Fenno asked what grounds Eiser may sue Fenno for and said there was no basis for abuse of process, malicious prosecution or defamation claims.
"If you are considering filing suit against my firm or me, I request that you set forth the grounds in a letter to my attention (or even in a draft complaint for me to review) and give us a chance to explain our side of the facts and law before you actually proceed with filing a suit," Fenno wrote.
That drew a heated response from Kincannon, who wrote back: "Did you give my client that opportunity? Did you send Dana Eiser a list of things you were planning to sue her for prior to filing?"
"You should be embarrassed to ask for a courtesy you didn’t show my client prior to suing her...

See: Article in full