Legal Question in Real Estate Law in California
how can i change attorneys
in the compaint filed by my attorney, there were statements that i did not make. i have been deposed by the defendant attorney. no one has been deposed by my attorney. as far as i know there is no court date. 1 year has passed. my attorney tells me after my deposition that They have a strong case. what do i do?
4 Answers from Attorneys
Re: how can i change attorneys
You have the right to change an attorney at any time. You just tell your attorney that he is fired and to give you your file, or to send it to your new attorney. The only paper you are required to sign is a document called a "Substitution of Attorney."
Re: how can i change attorneys
Before you fire your attorney, obtain a copy of your case file and take it to another attorney to evaluate. Without knowing anything about your case, I can tell you that it is possible that your attorney is correct, and made his/her evaluation at or after your deposition! Another attorney could explain to you in an unbiased way, after reviewing the file, the possibilities of prevailing based upon the existing information, and the risks involved in proceeding. Good luck.
Re: how can i change attorneys
You either reach an agreement with your current attorney, or you switch to new counsel.
One issue to resolve is whether or not your current attorney will have a lien on the case, though. If he/she is working the case on a contingency, he/she will seek to be reimbursed for his/her fees and costs expended. If he/she is working the case hourly, then he/she will assert a lien for any unpaid amounts due.
If you would like to discuss further with any of our litigators here, please feel free to call or email.
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Re: how can i change attorneys
I agree with all three prior answers. The Substitution of Attorney form is usually prepared by the new attorney and must be signed by the client as well as both the new and old attorneys before filing with the court and service on all parties.