Legal Question in Personal Injury in California

Motion to be relieved as councel

I am the plaintiff in a defamation lawsuit. My attorney, who also lives in my building, took the case on as pro-bono. No financial terms were ever mentioned. About 5 months after filing, suddenly my attorney demanded that I would have to pay to keep the case going. I have never signed any paperwork with him in any form.

The defendant's actions have only gotten worse, so much so the FBI and AUSA are involved and prosecuting for Interstate Stalking.

I have asked my attorney to drop the case for fear of further retaliation. Instead, my attorney has asked to be relieved as councel. It's my understanding this is based on the fact my attorney still wishes to pursue court sanctions that were imposed against the defendant as a way to collect some funds on the case.

I don't want my attorney collecting anything from the defendent. It is not worth my safety.

All I am asking is for the attorney to drop the case. In the court pleading, my attorney states we want to drop the case because of the impending arrest of the defendent. Can this be read the defendent, at any time?

I feel misled by my attorney and now scared of what his greed might bring.

Please help.


Asked on 6/01/09, 9:51 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Motion to be relieved as councel

Gee. I don't know any more about the case than what you posted. In general I try to discourage people from knuckling under to bulllies. It's not clear that your former attorney is "greedy" for trying to collect a sanctions award, these are intended to compensate attorneys for the work they do and he did perform work on your case without getting paid anything. If in fact the defendant is convicted of a crime against you, this would greatly facilitate your lawsuit or even make it a slam dunk. All these words of mine are but speculation and I have no idea what your case is about or how dangerous, if at all, the defendant really is. Court papers are public records.

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Answered on 6/02/09, 2:27 pm


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