Legal Question in Wills and Trusts in California

Re: Attorney Substitution by in pro per

Your new attorney would probably be able to get the substitution signed by the other one. If not, get the hearing continued to allow more time for this.

Also, I have done motions for substitution where the other attorney did not respond by signing the substitution, but this would be a last resort.

Re: Attorney Substitution by in pro per

Fire the attorney in writing if you have not already. Demand your file in writing. File a complaint with the state bar for him refusing to leave the case. Appear at the hearing, tell the judge you fired the attorney and ask to continue the hearing to give you time to hire a new attorney.

Re: Attorney Substitution by in pro per

Call the State Bar in San Francisco and file a complaint. Follow it up the same day with a letter to them, with a copy to the attorney.

Let them know that you will consider a malpractice suit if you suffer any loses due to her inaction or negligence.

Re: Attorney Substitution by in pro per

You can always contact another attorney and have him or her contact the attorney to get the substituion. It may be you owe the other attorney money but that is no excuse for withdrawing. Actually if you want to represent yourself, which is not the best, if you showed up at the time of the hearing and say you have dismissed your counsel, she would be hard pressed to deny it. since I practice in that Court the Judges are usually pretty reasonable.

Re: Attorney Substitution by in pro per

You can substitute her out by signing the Substitution of Attorney and appoint yourself in pro per. However, most California courts do NOT allow a fiduciary to represent himself in pro per. Are you an executor, trustee or beneficiary?

You will need an attorney to file an objection. You can go to court and ask for a continuance pending your retention of new counsel.

Re: Attorney Substitution by in pro per

If I were your attorney I would be shaking in my shoes. You can go to the hearing and ask for a continuance carefully explaining to the judge that your attorney of record refuses to act as your attorney and also refuses to sign off of the case. Also that he refuses to answer your phone calls. The judge will look at the court papers and he will see that "sure enough, this attorney is the attorney of record." He will look around the courtroom and say, "Yup, he is not here." Oh boy, I would not want to be that attorney.

Tell the judge you would like to represent yourself or that you would like time to get a new attorney. Then let the new attorney take this guy on.

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