Legal Question in Family Law in California

How do I fire or substitute an attorney?

I need to represent myself in a family law case. I was poorly represented by an attorney in 2002. The court says I need to file a substitution of attorney, but she no longer parctices family law and I can not locate her. How Can i do this my self?


Asked on 1/20/04, 3:06 pm

3 Answers from Attorneys

Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

Re: How do I fire or substitute an attorney?

A Substitution of Attorney form must be prepared and signed by yourself and your former attorney. Even if the attorney doesn't practice family law, if they are still practicing, they will be on the State Bar website. You can contact the attorney and ask them to prepare the form for you, which the attorney should do. If the attorney does not do so, obtain the form from the court or the web, sign it and forward to the attorney to sign. If the attorney will not sign, you may return to court by filing a motion and ask the court to substitute them out. Even if you have an unfortunate experience with an attorney, don't dispair there are excellent attorneys who practice mainly family law from whom you should seek advise.

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Answered on 1/21/04, 11:43 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: How do I fire or substitute an attorney?

You need a substitution of attorney form, and you can obtain one on the internet or at the courthouse. If your former attorney is still practicing law, she will need to sign as well. You can attempt to locate her at the State Bar website (www.calsb.org).

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/20/04, 4:24 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: How do I fire or substitute an attorney?

You had a poor experience with an attorney but since that attorney is no longer licensed it appears that you were correct about your attorney doing a poor job. You may wish to consult an attorney who would do better job for you. If you go to the state bar web site and find out that the attorney is no longer practicing law, print a copy of the page and you can then to ex-parte to the judge to have him substitututed off from the case so that you may proceed. Good Luck, Pat McCrary

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Answered on 1/20/04, 5:55 pm


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