Legal Question in Family Law in California

Can a litigant ask the judge to remove a petitioner's lawyer from a case in order to move a case forward?


Asked on 11/30/10, 6:48 pm

2 Answers from Attorneys
James Sanchez Law Office of James V. Sanchez

Only if by litigant, you mean the very same petitioner. It would be a very attractive power to get rid of the other party's lawyer, but its not allowed, short of misconduct or an actual conflict of interest on the attorney's part with his own client. Even in that case, the client may opt to waive the conflict and retain his attorney.

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Answered on 12/05/10, 7:45 pm
Anthony Roach Law Office of Anthony A. Roach

If you are trying to remove the other party's lawyer, you can only do so with a motion to disqualify. You would have to show that there is a conflict of interest involving you, and not the other party.

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Answered on 12/06/10, 9:57 am


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