Legal Question in Civil Litigation in California

Without knowing what his grounds are for withdrawing, there is no way to advise you how to oppose, but quite frankly, such motions are rarely denied. In fact the rules of professional conduct not only do not prohibit withdrawal, they require it in many situations. If he does not have a compulsory withdrawal obligation under the rules, you may be able to get him ordered to stay on through the demurrer hearing but that's about the best you can hope for. As for any unused retainer you have advanced to him, he must refund that. You can also take him to mandatory arbitration about whatever fees he charges against that retainer before returning the balance, if you think he has over charged, or his withdrawal has diminished the value of the services he did perform. The best thing to do, however, is find another attorney as soon as possible.

You can waste time and money fighting his motion, or you can bow to reality that he doesn't want to represent you, and move on. Do you really want an attorney that has been forced to stay? Do you think he will have a good attitude towards you and your case?? Get real here.

Contact him and work out a proper refund of fees, if any are due, and use that money to hire a new attorney. If you have a 'case' you'll be able to find someone to take it on. Feel free to contact me to discuss the case and the defense costs you face.

If he refuses to refund any fees, you could file a fee dispute with the local county Bar Association, who will mediate this.