Legal Question in Family Law in California
Family Code Section 3150(b)
Does anyone have any case law to support Family Code Section 3150(b) -- once minor's counsel has appeared on behalf of the child, court action is necessary for removal?
One lawyer in the firm was appointed to represent the minor, never made an appearance, an associate was assigned to the case, has appeared, investigated, made a report, etc., now the original appointed lawyer wants to take over and sponsor the work done by the associate after complaints about the associate's unethical actions.
1 Answer from Attorneys
Re: Family Code Section 3150(b)
A quick search provided the following two cases. I am sure there are other cases. West publishing has a list of cases after the code section in the anotated codes.
In re Marriage of Lloyd (1997) 55 Cal.App.4th 216 [64 Cal.Rptr.2d 37]
In re Marriage of Perry (1998) 61 Cal.App.4th 295 [71 Cal.Rptr.2d 499]
It may be that you should be looking at the issue of conflict of interest. If the associate would have been removed for misconduct it could be argued that the misconduct should result in the entire firm being disqualified.
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