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    crzymom's Avatar
    crzymom Posts: 1, Reputation: 1
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    #1

    Aug 1, 2014, 03:13 PM
    What forms do I submit in CA in response to my attorneys Motion to Withdraw?
    I retained an attorney specializing in family law almost a year ago. I was very specific as to the issues surrounding the case and what I wanted to accomplish. He agreed to take my case 10/2013. I supplied him with my original copies of the case as well as the work I had completed while pro per for review (discovery, subpoenas, objection to child support order). Trial was set for 9/2014

    I checked in periodically via email and phone as to the progress of my case and was lead to believe that all was well and my questions would be answered shortly. July 2014 I met with my attorney to discuss the case. At which time I inquired as to how the case was going, what had been accomplished since my questions hadn't been answered and brought up billing discrepancies. I was again reassured and made another appointment for the following week. He cancelled this appointment and that's when things went sideways.

    I requested a copy of documents be emailed. I had a difficult time making another appointment . I emailed my attorney who replied that if I was unhappy I should find new representation. I refused to sign a substitution and he has filed a motion to be relieved.

    I want to file a response to his request letting the judge know what has really happened. And, I want this attorney to be held accountable. I have appox. 5 weeks before trial.

    Any useful, intelligent comments are appreciated.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 1, 2014, 04:29 PM
    What is the basis of his motion to be relieved? Is he saying that he should be relieved simply because you are unhappy that he doesn't appear to have done anything, or does he want more money? Do you have a written fee agreement? Have you paid all of his invoices?

    File an opposition to his motion stating the answers to the above, and that if he were to be relieved you are not in a position to be ready for the upcoming trial.

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