Less than a month before the trial, the defense attorneys of Bryan Timothy Purdie, who is accused of setting fire to his downtown furniture business to defraud his insurance company, have filed a motion to withdraw from the case.

Friday, March 15, 2002

Less than a month before the trial, the defense attorneys of Bryan Timothy Purdie, who is accused of setting fire to his downtown furniture business to defraud his insurance company, have filed a motion to withdraw from the case.

To discuss the unusual last-minute withdrawal, the court planned to open an emergency hearing today.

The court has finished all evidential hearings for the case and scheduled a 10-day jury trial starting April 8.

Donald W. Savelkoul and Patrick S. Collins of Peterson, Savelkoul, Schlichting and Davies Ltd. submitted the motion for withdrawal on Wednesday.

Savelkoul cited Purdie’s financial difficulty as a reason for the retreat. The withdrawal has the consent and approval of Purdie, and he is going to apply for a public defender to continue the case, Savelkoul said.

Savelkoul and Collins have represented Purdie for about six months as private attorneys since he was charged with two counts of arson and one count insurance fraud on Sept. 12 last year.

Purdie will apply for a public defender, and Savelkoul said he would be willing to stay on the case if he would be assigned as the public defender.

The motion reads, &uot;The undersigned counsel and defendant regret any hardship or difficulties created by the filing of this motion, but the defendant has no other reasonable option available.&uot;

The Minnesota General Rules of Practice for the District Courts defines that once a lawyer has filed a certificate of representation, that lawyer cannot withdraw from the case until all proceedings have been completed, except upon written order of the court pursuant to a written motion, or upon written substitution of counsel approved by the court ex parte.

The Minnesota Rules of Professional Conduct, which regulate attorneys’ practice, say a lawyer may withdraw from representing a client if the client refuses to abide by the terms of a representation agreement, such as an agreement concerning fees or court costs or an agreement limiting the objective of the representation.

In today’s hearing, the court will assess whether the withdrawal would jeopardize the defendant’s rights. Third District Chief Public Defender Joe Bueltel will appear to discuss the issue.