Legal Question in Civil Litigation in California

Motion to be relieved as counsel-civil

How do I respond to a notice of motion to be relieved as counsel. My lawyer has failed to represent me and now wants to be relieved of his duties. Im in Contra Costa County California what form(s) do I need and what is my time constraints?


Asked on 2/29/08, 11:59 am

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: Motion to be relieved as counsel-civil

There are no "forms" and your response depends upon the grounds of the motion. However, most courts are likely to grant such a motion. If you have not paid your attorney (a common ground for such a motion) it is unlikely that the court would require him to continue to be your attorney without getting paid--slavery has been abolished. Likewise, another ground is that disagreements between you have arisen, and the mere fact that he wants to stop being your counsel and you won't agree to it is a "disagreement."

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Answered on 3/03/08, 1:54 pm


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