Legal Question in Legal Ethics in California
My atty in a two year old civil suit has waited until a week before the scheduled settlement hearing and six weeks before trial to file a motion to be relieved as council. For the past year he's been refusing to pursue important elements of the case, like depositions, interrogatories etc, refusing to communicate etc and has been increasingly aggressive with us to drop the complaints against the three main defendants we have paid him $16k so far to litigate. Since we refuse to do so, unless shown a good legal reason to justify it, and he hasn't made any move to pursue the case in spite of our contract, he must get out.
He filed a motion to be relieved on Sept 3 and a hearing was set for sept 30. Today we got a copy of his 'NOTICE OF NON RECEIPT OF OPPOSITION' in which he says since we didn't file an 'opposition' to his motion he wants it granted. Seems to me that until the judge grants his motion he is still my atty of record and should have told me I was required to do this, and that as a non lawyer I shouldn't be expected to have knowledge of this requirement nor how to produce such a thing. How do I address this to the court? In person? Call them? Write an 'objection to notice of non receipt of opposition? The hearing was supposed to be next tuesday, if it's still on....
1 Answer from Attorneys
He is required to file a motion to be relieved as counsel and have it on the proper paperwork. He is required to serve that paperwork on you prior to the hearing in a timely manner. That paperwork is what warns you that he is seeking to be relieved and it is then your duty to oppose it.
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