Legal Question in Civil Litigation in California

Co-plantiff and I sued real esta te Co. and agent for loan fraud , breach of contract and conversion. Lost case in Summary Judge.ent v. company. Agent liability still not decided. For financial reasons I asked our attorney if I could opt out of appeal v, company in mutual release from Company to Avoid their award of attorney fees, Our attorney says its o.k. He wants to make sure I am still in v. agent. I reply "Yes of course". Real estate co. draws up mutual release agreement. Our attorney forwards ageement to me to be signed. I sign agreement . His associate signs agreement. He ambiguously ends up not signing the agreement. Settlement Hearing comes up in Los Angeles Court June 17. 9 days before hearing he advises me he will no longer represent me in any matters. He says I should go to hearing and represent my self. Urges me to sign substitution of attorney form. I can:t find attorney to represent me. I do not have finances to pay great amount attorney wants on short notice. How can I get Hearing postponed? Has our attorney committed ethical violations in misleading me and leaving me high and dry?


Asked on 6/11/11, 4:55 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your contract should explain the circumstances which would permit your lawyer to withdraw. And there is nothing ambiguous about another lawyer at the same firm signing the settlement agreement instead of your usual attorney.

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Answered on 6/11/11, 6:10 pm
George Shers Law Offices of Georges H. Shers

There are several aspects of your situation I do not understand. On what exact basils does your attorney want to withdraw? What conflict of interest or problem does he claim exists? If there is a conflict of interest how does it not also effect the associate who did sign? Why can that attorney not show up for a small hourly rate fee? Why is there a settlement conference; usually if the parties settle they just inform the court and there is no hearing.

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Answered on 6/11/11, 6:47 pm


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