Legal Question in Family Law in California
My soon to be ex-wives attorney informed her that she had a new case that was starting and that she would no longer be able to represent her. Is this legal because it totally screwed up my divorce proceedings. She did not file paperwork with the court so my trial got delayed for four months.
2 Answers from Attorneys
The attorney can resign at any time for good cause. An attorney should not leave a client hanging when this happens, but conflicts do occur. She should have asked another attorney to resume the case, but this is not ethically mandatory. The delay, called a Continuance, sounds about right. You can object to the delay for good cause, but is not always effective. This would be especially painful for you if you were going into another marriage and could not, now, because of the divorce delay. This kind of thing happens and when it does we have to accept it in virtually all cases.