I'm very sorry to read that your attorney has acted this way. You are always entitled to change attorneys at any time, but finding an attorney that will take it when the defendant is in bankruptcy is difficult. Start looking for a new lawyer; one way of finding one would be to contact the Lawyer's Referral Service in Alameda County at 510-302-2222.
www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.
You always have the right to change counsel. If your prior attorney was working on a contingency basis, you should not have to pay another large percentage to the new attorney, but instead the new attorney and the old attorney need to work it out between them. Your old attorney is required to turn over your files upon your request.
If your old attorney refuses to cooperate in the change over, you can report him or her to the State Bar.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Absolutely. An attorney has a legal and ethical obligation to zealously pursue all meritorious claims on behalf of his or her client. Your attorney should also return your phone calls and answer your questions regarding your case. Based on the information you have provided, it seems that your lawyer isn't living up to this standard. That said, I agree with my fellow attorneys on this one. Seek new counsel immediately. It is your right to do so, and probably in your best interest.