Legal Question in Real Estate Law in California

Re: What if I can not afford to defend myself any longer?

It's not good to have no legal counsel, but if you really don't have money or assets, you would be what lawyers call "judgment proof," meaning even if you lose the other side has no assets to collect their judgment from. See if your attorney can't work out some kind of settlement now with the other side--your lack of assets will certainly help them settle.

Re: What if I can not afford to defend myself any longer?

This is a tough spot to be in. I assume from the facts you've given that you are a co-defendant along with your broker, and that the broker has insurance, i.e. deep pockets. I also assume you are paying for your own, separate counsel and are not letting a co-defendant's lawyer handle your interests too.

I can't give you advice without knowing more, especially if you are currently represented. However, I can outline some of the possibilities, without recommendation. A lot depends upon what assets and other things (like your reputation) you stand to lose if you stop defending vigorously and, in effect, surrender.

You could frankly discuss your situation with your lawyer, and ask for credit or a rate reduction, or that attorney's suggestions.

You could settle with the other side. They may be willing to let you off the hook easily if you don't have deep pockets.

You could look for a pro bono lawyer or service.

You could represent yourself.

In some situations, you can even make a deal with the other side that lets you off the hook entirely in exchange for your becoming a friendly witness for their side.

The subject of side-switching and partial settlements is very complex and full of ethical pitfalls. Some things that might look improper to a non-lawyer are okay, but other tactics that seem above-board and ethical are considered improper or downright illegal. Even many lawyers don't know this area well.

A lawyer can usually 'fire' his client for non-payment, but not at a time that exposes the client to being unrepresented at trial, etc. without adequate opportunity to find and bring up-to-speed a replacement lawyer.

It's harder for a lawyer to drop a client in a federal court case than in state court.

Re: What if I can not afford to defend myself any longer?

You can always represent yourself. Maybe, there is some insurance that can cover you. You should at least have some attorney advising you on each step, even if he does not appear for you or represent you formally.