Legal Question in Family Law in California

If I change attorneys for a family court matter will I be required by the court to pay my past attorney in full before engaging the new attorney? There an impending 4 day trial at the end of August that we are dramatically unprepared for. By changing attorney, will the court allow us to reschedule that trial so the new attorney has adequate time to learn the 3yr history of the complex case and then prepare for trial? It's been mutually agreed to be delayed at least once before. Is there anything that my current attorney can do now to unilaterally request a delay of the trial?


Asked on 7/26/10, 11:35 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

1. You can fire your attorney, and hire another attorney, even though you still owe money to the first attorney. The first attorney cannot retain your files and papers, even though you owe them money. Be prepared, however, for receiving a notice of right to attorney fee arbitration, and a possible lawsuit later if you don't pay the first attorney's fees.

2. The court may or may not continue the trial. It is in the discretion of the judge. Some will get pissed and think you are delaying, and some will grant it as a matter of course. Refer to the magic "8-ball" for a more accurate answer. My speculation is no, if it has been delayed in the past.

3. Your new attorney can move for a continuance. Good luck with that since you aren't paying him or her.

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Answered on 7/26/10, 3:18 pm


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