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Should i sign a substitution of attorney form? my divorce lawyer wants me to sign b/c of non/late payment.

Los Angeles, CA |

i'm currently out of the country and cannot look for a new divorce lawyer.
i do not wish to represent myself.
opposing counsel has apparently filed a request for trial.
my lawyer has a date set with the courts to be relieved from the case.
what should i do?

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Attorney answers 4


Most importantly do something. File a declaration with the Court with specific detailed facts about your unavailablity and your desire for reasonable sufficient tome to locate replacement legal counsel and to re-set the trial date to enable counsel to get up to speed. That's a minimum. There are so many great family law attorneys here in LA and on Avvo.

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 terms and conditions item 9, incorporated as if it was reprinted here.


Not signing doesn't accomplish anything meaningful or valuable. The court won't force your attorney to stay on the case because you don't sign. . The attorney won't surrender and stay in place because you won't sign. You don't have much if anything to gain by refusing. Better to use the event to try and establish some time frames that are necessary for you.

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I agree with my colleagues. You will be in the same place whether you sign or not. In fact, if you do not sign forcing the lawyer to spend more billable hours you may be on the hook for even more money.

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You should sign it. Otherwise, you'll probably owe your attorney additional fees for having to make the motion, and make a court appearance. If you haven't been paying your attorney as you agreed you would, why do you believe he should continue to represent you?