I fired my attorney on January 27, 2017 in an email. The email was sent at 9pm. The attorney sent a confirmation email the following business day. (Jan. 28, 2017)
When I received the Substitution of Attorney in the mail that was filed, it was dated and stamped by the Court on January 27, 2017, the day before the attorney received the email that I sent. The stamp by the Court couldn't be back dated.
Actually what doesn't make sense to me is his filing a substitution of atty without your having signed it. A substitution of atty requires the client to sign, the soon to be former atty, and the new atty if there is one. Had you already signed the form? What signatures are on the form filed with the court?
You say you fired your attorney on January 27 and that the "substitution of attorney" was also filed with the court on the same day. Just because he sent you a confirmation email on the 28th doesn't necessarily preclude him having filed the substitution on the same day you fired him (presumably by e-file). However, regardless if what he did, it is not clear what are you upset or bothered about...You fired him and the court was duly notified, that is all you should be concerned about.
It sounds like the attorney wanted out of the case, fast. Maybe the lawyer fired YOU as a client before you sent the email.
Almost any document could be faked, but it's unlikely a court clerk would back-date a document. It would be more likely that a court clerk would forget to set the date on their stamp. January 27 was a Friday; maybe the substitution was filed on Monday the 30th.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney.
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