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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substitution of attorney form naming me to represent myself, stating I have 10 days to sign or he will be forced to no longer represent me, He claims that I was uncooperative, which is totally false.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

Posted

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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I agree with you. Thanks. It appears that this may turn out to be a blessing in disguise in that my 2nd attorney may have felt it would be better for me alone to act as attorney in my case. Ironically, I unexpectedly met with my 2nd attorney while seeking an attorney at a law day held by the county. He was very helpful. He told me had completed a final draft on a stipulated Judgment to be signed by both parties, and notified the office for me to pick up my file. At the moment I am pursuing enforcement of the stipulated agreement I had made with my ex on September 29, 2011 through her attorney. As she continues not to cooperate, then I see her paying her attorney while I do not (at the moment).

Posted

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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Posted

I signed the substitution of attorney from as prepared by my former attorney#2 naming me as attorney, which the court record now shows my attorney status “pending.”I obtained refinancing approval twice since Sep 2011, but my ex, who holds the mortgage in her name alone, continues to hinder refinancing by not authorizing the bank to provide the payoff as she agreed to do “immediately” in the Sep 2011 oral stipulation before the court. I hired #2 because #1 did not take action when I reported to him in Oct 2011 that I could not proceed further in refinancing without her cooperation. #2 was to enforce the refinancing agreement and to pursue fraud for her nondisclosure of an appraisal on other real property. #2 reported a $12k compensation for the fraud from my ex that has since been dropped. Refinancing papers were submitted Feb 2013 through #2 to my ex's attorney for her sign. Looks like I will again lose the approved loan. I continue to pay the mortgage since May 2011 while she claims all the property tax deductions, and kept an excess overage check that should have gone to me, and while also I continue to pay $400 more per month in mortgage than I would under a new loan, but now I have to do a reverse mortgage since all my money has gone to attorneys who have failed to enforce the agreement.

Posted

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.

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In retrospect, I would have better off not hiring an attorney. I spent a lot of time reviewing attorney ratings etc before hiring #1 who had an 8.4 Avvo rating. In an initial free consultation, in which I came prepared, he quickly recognized my assets and what I needed to do. However, after I hired him, he seemed to avoid what needed to be done such as considering my separate money, and appraisal of my ex's pension. I went to see another attorney, one certified in family law, one who also told me that the attorney I had had once worked for him, and that he should be smart enough to handle the separate money issues and appraisal of her pension. But #1 continued not to consider my critical assets of separate money in community property even at my request. After 3 years in having to learn about family law, I now see what #1 had done to me was intentional. I filed a complaint with the State Bar, but I remain angry for what he did to me, especially in court in which he lied to the Judge about having advised me to consider her pension when did just the opposite. I also felt he got a high off doing that. I don't know why. While the State Bar says I did not have sufficient evidence, I still cannot sleep at night thinking that this might happen to another client. Also, I had found a review of #1 on a business web site stating that he lost his case in every worse way possible, and that he was able to hire another attorney that was able to undo all the damage that was done. My #2 attorney had said that my case is among the worse he has ever seen.

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