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Notice of substitution of attorney.

San Diego, CA |

If the opposing party susbtitutes in a new attorney, must I also get a copy of the susbtitution form? How soon after?

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Filed under: Lawsuits and disputes
Attorney answers 4

Posted

All parties should receive copies of the Substitution of Attorneys, and the copy filed with the Court needs to have a proof of service showing that all parties were served.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

Yes, they are supposed to serve you with a copy of said form, via 1st-class U.S. mail, before/at the time they file it will the court.

Posted

Yes it should be mailed to you concurrently with its being filed with the court. When it is filed with the court it should bear a proof of service showing that it was served on you by mail or fax or hand delivered to you. However, if you have not appeared in the case as a party or have not provided the court with a proper address for service then you will not be served. For instance if you are a defendant who has not yet been served or appeared you will not get the substitution until you appear.

Posted

Agree. I would go to the court website and check the Register of Actions everyday. Then, you won't be caught by surprise.

Note: This response is informational only and not advice. Please retain counsel if you desire legal advice. Thank you.

Licensed to practice law in California only. The information above is provided to help you get a better understanding of the questions you need answered. You are advised to seek legal advise directly from an attorney in your area who can review all the facts and the law locally and advise you.