WHAT RECOURSE DO I HAVE AGAINST MY ATTORNEY FOR TRYING TO PREJUDICE MY CASE WITH THE JUDGE?

QUESTION: If I write a letter to my Superior Court of CA Family Law Judge regarding my attorney's Motion to be Relieved as Counsel of Record, wherein, my attorney is intentionally trying to prejudice my case, how can I ensure that the Judge will read my letter? What other recourse do I have to explain to the Judge that my attorney of 1 1/2 years double and triple charged me attorney fees, my attorney and his paralegal made mistake after mistake on responsive pleadings, my MSC Brief, declarations, and other filings, etc. at my expense, and I was called names and treated with continual disrespect, if the Judge will not read my letter?

MY RESPONSE: The judge won't read a letter from you - it would be considered an unacceptable attempt to make an "ex parte communication" to the Judge. Anything you provide to the Judge must be provided to both attorneys, and must be an appropriate responsive document to the Motion. From your question, it sounds as though you don't want this lawyer to represent you any longer, based on his/her prior conduct in the case. Your choices regarding the Motion are 1) to oppose it by filing and serving on the lawyer and the adverse attorney a Responsive Declaration to Notice of Motion (i.e., to seek to force the lawyer to stay as your attorney), or 2) to allow and not oppose the Motion (not requiring a response), or 3) to sign and file a Substitution of Attorney (with your attorney's signature on it) to substitute your attorney out and yourself in, in Pro Per. The place to make your complaints is not in the Family Law Court - but instead, make them to the State Bar.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer 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 |