My attorney has never finished my Divorce case. He has been suspended from the California State Bar, and will not respond to my calls or letters. I need his signature to substitute myself as my attorney but I can't get it. I don't want to hire another lawyer. How can I remove him from the case?
In california, an attorney in a family law case can be substituted out or relieved at the client's request. You may go to the courthouse and request a form titled "substitution of counsel." you, your new attorney, and your old attorney, fill out and sign the form, and return it to the court clerk, and notify the other party's attorney. If you will be representing yourself, you and your old attorney complete the form together. Be sure to request a complete copy of the file from your outgoing attorney before relieving the attorney. The attorney is required to provide the file, even if you still owe money.
If he is a actually suspended and will not cooperate with a substitution of attorney, you will need to make a motion to the court to have him removed as counsel. Additionally, as a condition of most suspensions in California, the lawyer had a duty to notify the court. If this has not been done and you are not getting cooperation, contact the state bar.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline