Legal Question in Civil Litigation in California
if an attorney files a motion with a court to be relieved as attorney of record and in his declaration he states reasons and then say's if necessary he would meet in chambers with judge and pose more information. is there a law i can quote so that information must be on record in open court and as plaintife i can refute any informatiion presented and retain attorney of record? By the way the declaration made by the attorney is false and I can prove it in open court.
3 Answers from Attorneys
If if is your attorney who is seeking to be relieved, you should be entitled to oppose to motion and be present in judge's chambers for any ex parte off-record discussions. The attorney's offer to speak w/judge in chambers is probably related to preserving any confidential attorney-client information or communications. But it you are the client, you have the right to be present since it is your privilege that is being preserved. any information related to confidential attorney-client communications expressed by the client in open court would risk waiver of the privilege.
He is asking the court to provide further information in chambers, off the record, to protect attorney client privilege and attorney client confidentiality. I'm surprised that you want to blow your confidentiality.
You are entitled to present evidence to oppose his request to be relieved as attorney of record, but I've never seen a court force an attorney to remain someone's attorney when they don't want to be the party's attorney anymore.
Your best option is to find a new attorney, one who you can get along with and work with.
Mr. Shokrian and Mr. Roach are both correct that the purpose of offering an in-chambers hearing is to protect the opposing party from learning confidential information about your relationship with your attorney. You should have the right to be present and participate.
But as Mr. Roach suggests, your situation is strange. Why are you trying to force your attorney to represent you when there is obviously a conflict between the two of you? And, if your lawyer is making false statements about you, why do you want to keep him as your lawyer?
Nothing good can come of this for you. Let your lawyer go and retain a new one that you trust.