Legal Question in Legal Malpractice in California

attorney withdrawing from case unilaterally- not advsing client

what is the difference between a ''notice of withdrawl of attorney of record'' and a ''substitution of attorney''? What grounds would an attorney have to have to file a ''notice of withdrawl of attorney of record'' Can the attorney just file this form (285.1) with the courts and automatically be relieved as your attorney?


Asked on 7/12/08, 6:13 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: attorney withdrawing from case unilaterally- not advsing client

A "withdrawal" means the attorney is no longer your lawyer "of record" and is excused, whereas a "substitution" allows for a new attorney to replace the old attorney.

There are a number of grounds to withdraw, from not being paid, to having a conflict of interest, to not getting along with the client.

The lawyer must be able to show good cause (a very good reason) to withdraw.

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Answered on 7/12/08, 6:27 am


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