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Lawyer, making it difficult to dismiss him.

Sacramento, CA |

I have done everything I can to co-operate with my lawyer, and to dismiss him. Every time I send him an email, or go to his office, or drop off a sub of attorney, he makes it difficult to proceed with his dismissal, Even though he wants to be dismissed. I really don't want to talk with him, because he's very argumentative. Previously at appointments, I would be waiting in the office and I would hear him in confrontations with his clients. I don't want to face that commotion. I have a court case that is coming up very soon, and I will be representing myself, however, the mediation report will go to the lawyer if I don't dismiss him soon. How can I get him dismissed without his signature on the sub of attorney, and move on with my case.

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Attorney answers 2

Posted

It would be odd for an attorney to refuse to sign a substitution when requested by the client. Perhaps the best move is to employ another attorney as soon as you can and he/she will submit the substitution to the previous attorney and I would speculate it will be promptly signed and returned. In any regard, the new attorney will be able to deal with the issue at the next hearing.
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Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Asker

Posted

I am not hiring a new attorney for now, as I would like to represent myself in the interim. Are there any other options. Thank you for your response.

Robert Miller

Robert Miller

Posted

Not recommended to represent yourself. Final suggestion. Write a brief, firm but polite letter: (1) his employment is terminated: (2) he is to return your files to you immediately; (3) he is to provide an accounting for all fees earned and unearned; (4) he is to sign the [enclosed] substitution of attorney substituting him out and yourself in in pro per. Make your next appearance with copies of all of this and be prepared to explain to the court what has taken place. If no satisfactory response from the lawyer, file a complaint with the State Bar with copies of the correspondence. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.

Posted

In this point you need to send him a certified letter return receipt requested and attach an MC 050 form. Ask him to sign and return .. If he does not then you really need a lawyer to assist you with the issue ASAP

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