Legal Question in Civil Litigation in California

Re: Motion to Withdraw as atty vs. substitute attorney

You shouldn't be doing anything at this point. Let your new attorney obtain the file from the old attorney. They will each sign the substitution of attorney and it will be resolved.

Re: Motion to Withdraw as atty vs. substitute attorney

The motion will not automatically put a hold on your case and probably will not help you get one even if you ask for it. I see no benefit at all to you from letting this happen, but with more information I might see things differently.

Such a motion would probably cause you some serious problems. Your current lawyer would likely not be eager to make other motions or conduct discovery on your behalf while the motion is pending, and your new attorney would not be able to do so either until he officially enters the case. Instead of getting you extra time, it would thus cost you some of the time you now have.

Another problem is that your current lawyer is going to want to hold on to the file while the motion is pending, thus keeping the new lawyer from getting up to speed on the case.

Assuming your attorney's motion would be granted, it would make you a party in pro per. He would still have to file a substitution of attorney in order to get the new lawyer on board. And if his motion is denied, you will be stuck with an attorney who doesn't want to be on the case rather than the one you want take over. (The new lawyer can still substitute in, of course, but it will look suspicious to change lawyers right after winning a fight to keep the one you have.)

Another point to keep in mind is that the motion to withdraw may make you look bad to the judge. It will suggest either that your relationship with your lawyer has broken down or that you have run out of money to pay him and are unwilling to accept that reality. Some judges won't care about this, but others will and there's no way to tell how your judge will react.

Re: Motion to Withdraw as atty vs. substitute attorney

The best course of action is to hire the new attorney before any motions to withdraw are filed. The new attorney will seek to obtain the signed substitution of attorney and file the same with the court.

You should not force the attorney to file a motion to withdraw if you already have a new attorney.

Re: Motion to Withdraw as atty vs. substitute attorney

The response by my colleague Mr. Hoffman is very thoughtful and thorough. You would do well to listen to his advice on this issue.