Legal Question in Family Law in California
My attorney of 2 years just told me she cannot represent me in CA divorce due to illness. There is a trial setting conference in 3 weeks. She asked me to fill out a form which has the boxed checked than I am representing myself. !!??In a seperate letter she left the name of another attorney to contact (who is an unacceptable replacement). How do I postpone the trial setting conference to give myself time to find a new attorney and give my new attorney time to prepare.Is that something the old sick attorney should do? She said signing the subs. of attorney witih box checked that I am representing myself and returning it to her will save me legal fees. I now live on East coast. Divorce is in CA. Will I have to represent myself at trial setting conference and agree to a trial date that is too soon.and which the new attorney may not be able to attend. Plus I will have to fly out to CA/ hotels rental car etc just for the trial setting conference. And I am a living on clerk income plus some spousal support. What to do?? I am terrified.
Old attorney left for a 3 week vacation after sending me the email she cant represent me. So there is no way to contact her before the trial setting conference. She does have a Partner her daughter in the Law firm but strangely she did not refer me to her.
There are no custody issues. House is sold. 20 yr marriage. Just alimony issue and division of financial assets.
1 Answer from Attorneys
I am so very, very sorry for your predicament. You can speak with the your husband's attorney about a continuance, and if that fails, you can arrange to appear telephonically. Every county is different, so I unfortunately can't specifically advise you the way for you to do so. In the meantime, you will definitely want to start looking around for a new attorney. Try contacting the County Bar for a lawyer referral, an online search such as legalmatch.com, avvo.com, or nolo.com, or just start calling around to different attorney offices. You might also want to see if your attorney's daughter will help you out in her mother's absence with either a continuance or a referral for a new attorney.
If you do sign the Substitution of Attorney before the Trial Setting Conference, yes, you will be representing yourself at the hearing. If you don't sign it, it sounds as though your attorney will file a Motion to be Relieved as your attorney of record, and she'll probably charge you for the preparation and filing of the motion.
I truly hope that you're able to find another attorney soon and wish you the best of luck in wrapping up your case.
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