Legal Question in Family Law in California

i signed a substation of attorney in january of this year. i received a letter saying my ex attorney will be taking back to court so she could tell the judge she needs to be off my case she is asking for 7500 what could i do from stopping her from doing this


Asked on 5/21/11, 7:02 am

2 Answers from Attorneys

Leanne Gerritsen Law Office of Leanna M. Gerritsen

It sounds like your attorney substituted out of your case because you failed to pay her. Is this correct? This is a proper reason for an atorrney to substitute out of a case, and depending on the circumstances, may require court approval. Your attorney is probably following proper procedure (though May seems a bit late for a January substitution) in seeking court approval for her withdrawal from the case, as well as the fees you owe. There is nothing you can do to stop her from going to court, other than speaking with her directly regarding any outstanding balance. However, she may still be required to go to court to get approval for her withdrawal.

That said, if she did not withdraw from you case due to non-payment, but for other reasons, for example a conflict, then a Judge may reduce the amount you owe due to the prejudice she has caused your case by withdrawing.

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Answered on 5/21/11, 9:37 am
Anthony Roach Law Office of Anthony A. Roach

If you signed a substitution of attorney, in which you began representing yourself, you should have that served on the other party, or the other party's attorney, and filed it with the court.

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Answered on 5/21/11, 2:31 pm


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