Legal Question in Family Law in California

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?


Asked on 4/30/13, 6:35 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

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.

Read more
Answered on 5/01/13, 10:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California