Legal Question in Legal Ethics in California
form to withdraw as attorney of record
I agreed to help a friend regarding a misdeameanor issue. The client needs to provide a certificate of completion from a court ordered drug program. He has been uncooperative, despite completing this program, because he lost his certificate & hasn't taken any steps to obtain a copy of said certificate.
This client seems to have become obssessed (personally) w/me, calling me 10+ times per day, following me, etc.I have allerted the appropriate sheriff's station w/regard 2 the phone calls, but i don't want this to cause him additional prejudice. However, I simply cannot represent him. What motion can I file to withdraw as his attorney of record?
3 Answers from Attorneys
Re: form to withdraw as attorney of record
There are mandatory judicial council forms to be used for a motion to withdraw as attorney of record. I don't recall the form numbers off hand but it's a basic form that you fill out and file with the court and serve on all parties.
Do a search for california judicial council forms and go from there.
Re: form to withdraw as attorney of record
see: http://www.courtinfo.ca.gov/forms/fillable/mc050.pdf
Re: form to withdraw as attorney of record
Contact the court clerk in your county to ask them what form is used to wihtdraw from a criminal case. I believe that the MC 51-53 judicial council forms will be sufficient. These forms are located on accesslaw.com. I would assume that the master calendar department would be the proper department to notice the motion.
Remember to state in general terms "that there has been a break down in the attorney client relationship which has rendered me unable to effectively represent my clients interests in this case" so as to avoid divulging any protected confidential information.
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