Legal Question in Legal Ethics in California

Re: Substitution of Attorneys

Termination the attorney-relationship is governed by Rule of Professional Conduct which reads in part as follows:

"(A) In General.

(1) If permission for termination of employment is required by the rules of a tribunal, a member shall not withdraw from employment in a proceeding before that tribunal without its permission.

(2) A member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules."

Substitutions of attorney are also governed by Rule of Civil Procedure Sections 284 and 285. There is nothing specific in the code that authorizes or prohibits the activity you described. I find it questionable and there may be a specific case addressing this issue. I personally think the policy is a little over the top, but I have had cases where the client is a pain in the neck and my life would have been much easier if the client had voluntarily. Involuntariy servitude was abolished in this country, but I have had situations where the client owed more than $20,000 and refused to sign a substitution of attorney. The court had no choice but to grant my motion to withdraw.

Re: Substitution of Attorneys

An absolute violation of ethical rules.

Joel

JOEL SELIK Attorney at Law

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

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