Legal Question in Family Law in California

What steps does an attorney need to take in order to quit representing me. This is a family law matter and we've been to court several times, now he wants to quit. What does he need to do, he wants me to complete a request for subsitution of attorney. Why would I complete this form when its him that wants to quit.


Asked on 5/28/11, 11:45 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

The court requires that the attorney either get the permission of the client to be removed from representing the client or file a motion to be removed. You can oppose the request, but if you do not it causes much less work and trouble to sign the substitution of attorney form.

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Answered on 5/28/11, 1:03 pm
Anthony Roach Law Office of Anthony A. Roach

You can't force your attorney to be your attorney if he doesn't want to be your attorney. There are two ways to change an attorney of record in this situation, signature and filing of the substitution of attorney, or a motion to be relieved. It is much better for you to sign the substitution of attorney, because if your refuse, the attorney will have to file a motion to be relieved as counsel, which can really prejudice you. (You don't really want your dirty laundry aired with the court, either on the record, or off the record.)

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Answered on 5/28/11, 1:39 pm

I agree with the previous answers and would add that under most circumstances he would be entitled to bill you for the motion if you refuse to sign the substitution or find another attorney, provided he gives you a reasonable chance to find another attorney.

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Answered on 5/28/11, 1:41 pm


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