Legal Question in Employment Law in California
My atty file a motion to be relieved as counsel. His reasons such as cannot to represent the interest of the client and breakdown in the atty-client relationship are inaccurate. The real reasons are that he failed to provide skill and reasonable care and made numerous errors and failure to do his duty such gathering of evidence and discovery - there is a big gap now because did not do what he was supposed to do and of course I have right to question him because he was obviously not fulfilling his duty. His motion was granted by the court. he did not give my file until 2 weeks later. I had another attorney review and examination the entire file - I was told by at least 2 attorneys that my attorney did something wrong and there were too many things that were done improperly which a reasonable atty would have done differently and correctly. The motion was granted by court on January 23, 2012 because I was ill to attend. My knew about my physical and mental condition. What are my options? Can I appeal it? How?
2 Answers from Attorneys
There is nothing to appeal as to the order allowing the attorney to withdraw. You cannot force your attorney to work for you, and why would you want to? There obviously is a breakdown in your relationship with him, and you believe that he is incompetent. Why would you want to continue to be represented by an incompetent attorney who you do not trust and who doesn't want to represent your interests?
You need a short term and long term game plan. Short term, you need to replace your lawyer with someone who can finish up your case. Long term, you need to look into a possible malpractice action if you lose the case.
Bottom line: you need to replace your former lawyer, and you need to consult with an attorney who specializes in attorney malpractice.
I am a certified appellate law specialist and I see these kinds of situations often. If you would like a consultation, please contact my office.
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You post makes no sense. You talk about how incompetent your attorney was yet you want to keep him as your lawyer? How do you think that would work even if you were to succeed. Accept that fact that you could not work together and move on.
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