Legal Question in Civil Litigation in California
Motion to be relieved as Counsel-Civil
Due to a billing dispute, my attorney has filled a Motion to be relieved as Counsel-Civil. Since there are no forms to unopposed this (a previous answer that you provided), do I need to attend the court hearing scheduled for this matter? I fear that my attorney will get court costs if I do not show up. The hearing is scheduled for a date that I will be out of the country.
1 Answer from Attorneys
Re: Motion to be relieved as Counsel-Civil
If you were to contact the attorney and agree to sign a substitution of attorney dismissing him from your cases and taking over representation of your self, the hearing would no longer be necessary.
The only issue to be decided at the hearing is whether or not there is legal ground for the judge to grant the attorney's request to be relieved from the case. The judge cannot decide the billing dispute and will not award costs to your attorney. If the attorney feels that you owe him money, the attorney must give you notice of your right to fee arbitration. If you do not select fee arbitration within the time allowed, then the attorney must sue you to collect.
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