CAN MY ATTORNEY REQUIRE ME TO SUBSTITUTE HIM OUT?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Under what guidelines is it ok for an attorney to request to substitute out as your attorney? If you have already spent significant time and money getting them up to speed, how can it be ok for them to decide they no longer want to represent you because the opposing counsel is difficult?:

ANSWER: You are not required to sign a substitution of attorney to allow your attorney to substitute out. The result would be that you would be left unrepresented, in Pro Per, and vulnerable to your spouse's attorney.

You could negotiate with your attorney for a partial refund of fees in exchange for a Substitution of Attorney, if your attorney feels unable to deal with opposing counsel, since you invested money in your attorney's education as to the facts in your case, and you would need to invest money in another attorney's education about the same facts.

If the reason your attorney wants to substitute out is because you are in arrears in payment of attorney's fees, or because you are not cooperating with your attorney's efforts to represent you, your attorney could file a Motion to be Relieved as your counsel, and may well prevail on a Motion on those grounds.

However, if your attorney wants to substitute out because the other attorney is to difficult to deal with, those are not grounds that the Court would accept as grounds to allow your attorney to be relieved as your counsel.

Nevertheless, as a practical matter, if your attorney feels "outgunned" by the adverse attorney, or unable to deal with the adverse attorney, that would likely harm your attorney's ability to be effective as your counsel, so you should start interviewing other experienced Family Law Attorneys, and among other things, question them about their dealings with the adverse attorney, and their knowledge of the adverse attorney's reputation, in an effort to find an attorney who can handle the case effectively for you and not get intimidated by the adverse attorney's tactics.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com