Legal Question in Real Estate Law in California
Attorney is destroying my case and life
Hired attorney to help with BK and Civil case. He advised not to file papers in BK case which cost us our home. Did not file motion for reconsideration, did not attend UD trial. BK dismissed and he did not file FAC in Civil case in time required. Then demanded more money without any billing as per agreement. Obtained extension on filing FAC only to not file stating now he believes we were apart of fraud and will not file. He refuses to detail reasons for his accusations and has filed motion to be relieved as counsel. Can he refuse to tell his own client why he believes that they are guilty? We know this is money based and nothing more. Can we go to the judge and seek assistance? What other choices do we have?
1 Answer from Attorneys
Re: Attorney is destroying my case and life
I assume by FAC you mean "First Amended Complaint." If so, there must be three actions involved - an unlawful detainer, another civil case in which you were the plaintiffs, and your bankruptcy matter.
In the course of practicing law, we run across clients who are vexatious, demeanding and abusive, clients who have committed wrongs of various kinds (sometimes not really admitting or even knowing it was illegal; and clients encounter attorneys who are lazy, too busy, disorganized or just plain incompetent.
That's why we also have rules permitting clients to change lawyers any time, and without their files being held for ransom. For the same reasons, we have procedures for a judge to allow an attorney to withdraw from representation upon a noticed motion and hearing.
You could oppose your attorney's motion to withdraw, but why? You should probably have given him the heave-ho long ago.
You could ask the State or County Bar for assistance, or perhaps consult an attorney who handles legal malpractice cases whether you have a case.
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