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Should I motion against my attorney who is dismissing me by falsely accusing me via letter as uncooperative?

Bakersfield, CA |

I suspect two attorneys I previously hired are influenced by county politicians to support my ex. My latest attorney unexpectedly sent me a letter with substitution of attorney form naming me to represent myself, stating I have 10 days to sign or he will be forced to no longer represent me, He claims that I was uncooperative, which is totally false. My concern is the opposition will jump on this claiming that I have been uncooperative in regard to an oral stimulative agreement before the court in Sep 2011 in which I was required to immediately obtain refinancing on the my home awarded to me., and in which I did get approved. However, I could not complete refinance because my ex did not sign authorization as she agreed. I would like to enforce this under 664.6.

Attorney Answers 3


  1. I'm not licensed to practice in California, but unless your lawyer's withdrawal is going to hurt your legal situation, you may be best off letting him go and seeking new counsel. You're probably better off with someone you're more comfortable with.

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  2. If you do not want your attorney to file a motion to be relieved because you feel it may prejudice your case, your option is simply to sign the substitution of attorney as requested. Opposing your attorney's motion, if made, certainly will expose more of your "uncooperative" attitude to the court and perhaps your ex whether or not you believe it is false.

    I do not understand why, since September 2011, you have not obtained the financing required by your settlement agreement but that surely has no bearing on your present attorney's right to withdraw or either party’s ability to enforce the terms of any settlement agreement.

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  3. You referred to your current attorney as your "latest attorney” suggesting to me that he is at least your second attorney--now you're working on a third--did I read that correctly?

    Every attorney has failed a client to some degree, at some point—that may be the case here.

    Every attorney has also had clients who refuse to listen to advice they are paying for; clients who believe they know the law and the process and yet fail to recognize that it takes years of continuing learning, experience in the domain, constant engagement in order to develop a sense of what the best options are in a given scenario---that may be the case here.
    Recommend that if you do move to a third attorney (or manage to keep your current attorney) you take a different approach to your situation —whatever has gone on in the past isn’t working for you and it’s costing you money, time, energy, and focus. I wish you the best of luck.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.