Legal Question in Legal Ethics in California
My attorney filed a motion to be relieved of the case. The motion came with a hearing date, but no other info. Yesterday I received a 'non receipt of opposition' motion saying since I hadn't filed an opposition I've defaulted and he should be relieved accordingly.
It seems to me that if and until a judge relieves him he is still my attorney of record and should have advised me of this. How would a layman know that there was a particular motion or form or how to create one, without his attorneys advice? One can't ask the court for legal advice - this seems like a catch 22 situation.
I don't know if the Tues sept 30 hearing on this is still valid - we were really hoping for a day in court.
What can I do?
2 Answers from Attorneys
You should really get a new attorney. You should also ask the judge to continue your trial date and discovery cutoff if it is looming because your new attorney is going to want that done as soon as possible. Most attorneys do not like taking a case that has been mishandled by prior counsel on the eve of trial.
The attorney does not have a duty to advise you on how to oppose the motion to withdraw. It is incumbant on the client, to consult with other attorneys or do their own legal reseach to find out what actions should be taken.
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