In a civil lawsuit in California state court, my attorney definitely committed a mistake that might have risen to the level of malpractice, causing me to lose an important motion.
I sought a second opinion, and another attorney advised me to seek a 473b motion. But my attorney refuses to file that motion (which requires him to admit to his mistake in a declaration and pay a fine) and instead is "requesting" that I execute a substitution of counsel form so that he doesn't have to serve me anymore.
I paid all my invoices with him and do not owe him any money. I've already paid him several thousand dollars.
Should I refuse to sign the substitution paper? Should I myself go to the next court hearing and explain this problem to the judge? Should I threaten to report my attorney to the Bar?