Skip to main content

Should i sign a substitution of attorney form? my divorce lawyer wants me to sign b/c of non/late payment.

Los Angeles, CA |

i'm currently out of the country and cannot look for a new divorce lawyer.
i do not wish to represent myself.
opposing counsel has apparently filed a request for trial.
my lawyer has a date set with the courts to be relieved from the case.
what should i do?

Attorney Answers 4


Most importantly do something. File a declaration with the Court with specific detailed facts about your unavailablity and your desire for reasonable sufficient tome to locate replacement legal counsel and to re-set the trial date to enable counsel to get up to speed. That's a minimum. There are so many great family law attorneys here in LA and on Avvo.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

Mark as helpful

7 lawyers agree


Not signing doesn't accomplish anything meaningful or valuable. The court won't force your attorney to stay on the case because you don't sign. . The attorney won't surrender and stay in place because you won't sign. You don't have much if anything to gain by refusing. Better to use the event to try and establish some time frames that are necessary for you.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

Mark as helpful

5 lawyers agree


I agree with my colleagues. You will be in the same place whether you sign or not. In fact, if you do not sign forcing the lawyer to spend more billable hours you may be on the hook for even more money.

Best regards,
Natoli-Lapin, LLC
(see Disclaimer)

The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad. Feel free to call for a free phone consultation; your inquiries are always welcome: CONTACT: 866-871-8655 DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Mark as helpful

4 lawyers agree


You should sign it. Otherwise, you'll probably owe your attorney additional fees for having to make the motion, and make a court appearance. If you haven't been paying your attorney as you agreed you would, why do you believe he should continue to represent you?

Mark as helpful

3 lawyers agree

Professional ethics topics

Recommended articles about Professional ethics

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics