Legal Question in Family Law in California

in response to:
I have a situation in San Joaquin County where in a Family Law Case, we appeared a month ago and his attorney said in court he needed to be relieved from the case based on his not being his lawyer any longer. His request was granted by the judge. Then we go to court last week the very next hearing, and he is their with the respondent. No substitution was filed since his relief was granted. So he never applied to be his attorney of record again to the court. Isnt that like representing someone without being on the record for failing to file the stipulation of attorney of record? Shouldnt he have to file the stipulation again since he already was granted liberty from the case a month ago in court?
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United States | California | 95202 | Family Law, Divorce, Child Custody and Adoption

5/01/13, 10:09 am
Answer (1 of 1)

That sounds bizarre. Usually an attorney withdrawing from a case files a motion to be relieved when a party refuses to sign a stipulation. When the court grants the motion, the relief is effective when a copy of the order granting the motion has been served on the client. At that point, the attorney is no longer involved in the case.
Anthony Roach
Ok but what do i do when he showed up again with him?
And one more question, he keeps serving me the day of court, always a large thick packet, shouldnt that be against the law? Making me cover that packet of order to show cause on the same min. i obtain the service for it?

Asked on 5/09/13, 5:19 pm

Anthony Roach Law Office of Anthony A. Roach

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You should point out to the court that the attorney has been relieved by court order, and that your ex is playing games.

Answered on 5/13/13, 9:35 am

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