Legal Question in Family Law in California

I severed ties with my former lawyer over 5 months ago. However he's refused to sign and file a Sub. of Attorney ( putting myself in ) despite the fact that I've sent the appropriate document via certified mail twice. He also will not release my file. I owe him a large sum of money ( a sum which he has said is negotiable). I have made him an offer of settlem,ent via certifed mai, but he refuses to respond to my letters, emails and calls. If we cannot settle, I will need to file bankruptcy.

This lawyer is a family law lawyer and he helped me with my custody case. The case ended in a voluntary settlement. However, we do not have a formal court order as I fired my lawyer prior to him filing the typed version for court. I am unable to talk to the other attorney or get a court order as I am not the attorney on record. The court clerk said I would need to file an OSC and wait about 45 days?? Is it possible to remove my former lawyer from being my attorney of record if he refuses to sign? The self-help room at the court house said they could not help me with this matter and I cannot afford another lawyer.


Asked on 9/19/11, 3:56 pm

1 Answer from Attorneys

File a complaint with the State Bar immediately.

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Answered on 9/19/11, 3:59 pm


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