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What if my attorney refuses to withdraw himself from my case?

San Jose, CA |

I sent a termination letter and the MC-050 form to my attorney but he is not consenting to it.
( withdrawing himself from this case)
Is there a time limit that I have to wait to hear back from him?
What If he never signs the form?
.How long should I wait for him to sign the MC-050 form, what are my other options?
I can not pay another attorney, neither can find someone on a contingency, so I want to represent myself.

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Attorney answers 3

Best Answer
Posted

Ms. Conan's response is incorrect. In California, the Substitution of Attorney form is the proper form for a party to replace his or her attorney in pro per in civil cases. There is no need for a motion (or court approval) once the client has terminated the services of the attorney, and the attorney has no discretion to refuse to sign the form. Criminal cases may require court approval.
How long has it been since you sent the letter and the substitution form to the attorney? You should give the attorney a reasonable time to return the form (perhaps up to ten days?). Have you tried to call the attorney to inquire about the form?
Ultimately, if the attorney refuses you should contact the State Bar (www.calbar.org).

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Asker

Posted

I did contact him, and he said: there is no (F)thing I can do about it, and he will not get of the case!

Herb Fox

Herb Fox

Posted

I recommend that you contact the State Bar immediately (see www.calbar.org) and file a complaint. If there is anything pending soon in your case (a hearing, trial or discovery deadlines, etc.) you should consider filing an ex parte motion (with proof of service on your attorney and opposing counsel) to bring the matter to the attention of the judge

Asker

Posted

Thank Thank you, God Bless you. Thank you so much.

Posted

I believe that the form you used is for substituting attorneys, not for forcing an attorney to withdraw. In other words, I believe you have to first hire another attorney and have the new attorney information filled in on the form before you can request your former attorney to substitute. What your current attorney needs to do (since you have terminated him or her) is to file a motion to withdraw, stating that you have decided to proceed pro se, which means you have chosen to represent yourself.

Law Office of Elizabeth S. Conan, P.A. www.FloridaBarHearings.com Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice. I am licensed to practice law only in Florida.

Posted

Go to his or her office and try talking to them?

Asker

Posted

What planet you are in? did you even bother to read my question? Or you just want to get your points?

Ajay Mohan Kwatra

Ajay Mohan Kwatra

Posted

What planet am I in? How do you get in to a planet smart guy? Nice personality too- no wonder. Good luck, jerk!

Asker

Posted

Looks like I did an excellent job and it burns where it should ;-) To use a substation form is after all other options failed, including talking to him. You earn respect, it is not given!