Legal Question in Legal Ethics in California

Her suit is pre-mature as you do not owe anything until you get a recovery. You should tell her that you will move for summary judgment and seek attorney fees for abuse of process [filing the meritless suit] unless she drops the suit. If she is slow and sloppy why pay at her hourly rate; let her fight with you new attorney as to how much each will get form the eventual attorney fees recovery.

I think Mr. Shers may not have interpreted your question exactly right. I am taking it to mean that the Complaint was filed and discovery is proceeding regarding your main case, and not for attorney fees. I am not sure, however, if it makes a big difference in the big picture.

First, you should review your retainer agreement. It should contain the appropriate language regarding her compensation if you decide to dismiss her. Second, describe the situation with the other attorney(s) that you are considering to replace her. It may affect whether another attorney is willing to pick up the case at this point, and provide you with advice on how your current attorney's compensation should be addressed if it is not addressed in the retainer agreement. Third, have your potential attorney discuss the situation with your current attorney before the substitution.

Further,, if you are planning on dismissing you current attorney and going it on your own you are probably going to have problems. Not only from a legal representation standpoint, but your current attorney may be entitled to her 1/3. For example. if you dismiss you current attorney today and settle the case tomorrow, she will probably get her 1/3.

Best Wishes.