Legal Question in Administrative Law in California

I can't get in touch with my attorney.

I had an attorney handle my child custody case back in 1997 I need to have him removed from my case so I can modify my custody arragement. How do I find the attorney by his name only? How do I remove him if I can't find him?


Asked on 11/11/03, 2:55 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: I can't get in touch with my attorney.

You certainly do not need to retain same counsel. Your new counsel can file a substitution of counsel with your approval and signature and signature from old attorney. Old atty cannot force you to keep him/her. Need more info to discuss further.

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Answered on 11/14/03, 1:40 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I can't get in touch with my attorney.

There is an attorney directory available on the Web site of the State Bar at www.calsb.org which is searchable by name. All active California attorneys must report address changes to the Bar.

The Rules of Professional Conduct require an attorney to keep his or her client informed as to the status of the representation and to give notice of change of address to current clients.

The procedure for changing counsel while a matter is pending in court requires filing a form and serving adverse parties with copies. If you plan to use a different attorney, you should have the new attorney prepare, serve and file the form. If you plan to represent yourself, download the Judicial Council's "Substitution of Attorney-Civil" form, MC-050, and read the instructions before using the form.

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Answered on 11/11/03, 5:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I can't get in touch with my attorney.

I should supplement my prior answer as follows:

Judicial Council Form MC-050 ordinarily requires the signature of the outgoing attorney. If you are unable to locate the attorney to obtain the signature, you probably need the assistance of the court, but that doesn't necessarily mean you have to find a judge to sign an order. Procedures will vary from county to county, but there is some chance the clerk or any deputy clerk of the court can handle the unsigned substitution. Call the clerk and ask how it's done in your county.

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Answered on 11/11/03, 6:47 pm


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