Legal Question in Civil Litigation in California

Just file a substitution of attorney form and put in it that he has disappeared [have you checked with the State bar?] and set the matter for a hearing. You probbly do not have to go through the process of a hearing since you are the client; just notify the court and the other parties by filing the substitution.

In addition to what Mr. Shers suggestions, also send the attorney a letter -- both by certified return receipt and regular first class mail, telling him that he's dismissed, and enclosing a copy of the substitution of attorney form, with proof of service. You might consider retaining another attorney to finish up the case, though.

Another issue is that he might have your documents. You should speak with whomever is left in his office and obtain your file.

If your attorney is still a member of the state bar a call to their complaint hotline should get you a response. You can get his address from the bar and it is available on line. Send your letters to his address as he is supposed to keep it current. If this fails you will have to file a motion to substitute counsel as the clerk won't take your substitution without him signing it.

By simply filing a notice of change of counsel to yourself pro per. Who's going to object? If the court won't accept that, then the court will tell you what they require.

Must have been a heck of a case to send him packing! (A little humor.) Generally, the attorney of record for a party may be changed either by mutual consent of the party and counsel, or by court order. [CCP � 284]. Although the client has the right to discharge the attorney at any time, there are ethical limitations on the attorney's right to withdraw. I would think the attorney being "on the lam" is all the mutual consent you will need to the substitution. I would fill out the MC-050 form found at http://www.courtinfo.ca.gov/forms/fillable/mc050.pdf, make 2 copies with a sase to file with the court, and serve a copy on each other attorney or party in the case. Then see if the court kicks it back. If so, then file a formal motion. Good luck with that!

If you are retaining new counsel in San Diego, feel free to telephone.