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Lawyer, making it difficult to dismiss him.

Sacramento, CA |

I have done everything I can to co-operate with my lawyer, and to dismiss him. Every time I send him an email, or go to his office, or drop off a sub of attorney, he makes it difficult to proceed with his dismissal, Even though he wants to be dismissed. I really don't want to talk with him, because he's very argumentative. Previously at appointments, I would be waiting in the office and I would hear him in confrontations with his clients. I don't want to face that commotion. I have a court case that is coming up very soon, and I will be representing myself, however, the mediation report will go to the lawyer if I don't dismiss him soon. How can I get him dismissed without his signature on the sub of attorney, and move on with my case.

Attorney Answers 2

  1. It would be odd for an attorney to refuse to sign a substitution when requested by the client. Perhaps the best move is to employ another attorney as soon as you can and he/she will submit the substitution to the previous attorney and I would speculate it will be promptly signed and returned. In any regard, the new attorney will be able to deal with the issue at the next hearing.
    Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

  2. In this point you need to send him a certified letter return receipt requested and attach an MC 050 form. Ask him to sign and return .. If he does not then you really need a lawyer to assist you with the issue ASAP

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