Legal Question in Credit and Debt Law in California

My mother's lawyer is trying to get a Substitution of Attorney form signed by her so he doesn't have to represent her anymore. He says she has to sign it and if she doesn't by a certain date (10/5) he will file a motion to be relieved. He was not doing his job and she turned him in to the Bar Association. He was ordered by the the court to remove a stay to her case on or before October 21st. How can he remove himself without providing another attorney to take her case? The case is not done yet and she does not have the funds to retain a new lawyer.


Asked on 10/04/10, 4:43 pm

1 Answer from Attorneys
Steven Simons Law Office of Steven A. Simons

The law is clear that an attorney can "ask" to be relieved from his duty to your mom if he can establish that the attorney client relationship has deteriorated to the point that (s)he can longer represet the client. The attorney will not be releived if to do so would prejudice the rights of the client in some identifiable manner.

I do not know what the facts are in your mom's case, but if she does not agree then the attorney can make a motion to be relieved and then your mother would have to file written oppoistion to explain why the judge should not release the attorney. Judges can place restrictions on an attorney's withdrawa, including the return of any unearned fees paid by the client.

Good luck,

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Answered on 10/09/10, 7:19 pm


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