Legally is she suppose to let me know in writing why she is dropping my case.? She has been evasive. relays messages through her secretary.
The attorney does not have to disclose why they are dropping the case, but must return all documents to the client.
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I agree with Mr. Doland. It sounds like there are facts which you haven't mentioned here. If your lawyer does not want to represent you, you cannot force her unless there is a hearing or trial coming up. That's entirely appropriate. Yes, they do have to give you a copy of your file. It sounds like your lawyer is having her secretary handle it. Hire another lawyer.
You are entitled to get your entire ORIGINAL file back - the attorney can keep a copy for her own records. If you already signed and returned the Substitution of Attorney and the attorney won't provide you her original file (including earliest generation correspondence, pleadings, etc.), call the State Bar for assistance to persuade her to provide you your original file. You don't need to sign a Substitution of Attorney to let your attorney out of the case; if the attorney won't tell you why she wants out, she can file a Request for Order (formerly a Motion until 7/1/2012) to be relieved as your attorney, stating her reasons in an effort to persuade the court to let her out of the case, and it will be up to the court to decide whether or not to relieve her as your attorney. But note, it isn't good for you or your case to have an attorney represent you who doesn't want to be your attorney.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.
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