How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9081
Experience:  since 1983
9653905
Type Your Legal Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

My divorce attorney has asked and actually said that if I do

Customer Question

My divorce attorney has asked for substitution and actually said that if I do not sign it by tomorrow he will file with the court. It has been an unfair situation and he will cause me problems, perhaps even financial problems and he knows. He charges 375 per hour, and he asked for a 20 000,00 retainer and in one week, he told me that he was going to return what is left?????
i am interviewing attorneys and i will probably have one by Thursday.
If I do not sign it by tomorrow, can I get in trouble with the court?
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

The answer is No, you will not get in trouble with the Court because you are not required to sign a substitution of attorney until you find a new attorney. The lawyer can file a motion to be relieved as counsel, which is usually heard on about 30 calendar days notice.

The lawyer is not supposed to quit in a way that is harmful to the client, whether or not the client owes money to the lawyer.

Rule 3-700(A)(2):

(2) A member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.

from

http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3700.aspx

Once you have a new attorney, you can sign a substitution of attorney, and, if you feel that the first one overcharged, you can demand fee arbitration, see

http://www.calbar.ca.gov/Public/Pamphlets/FeeDispute.aspx

I hope this information is helpful.

Customer: replied 1 year ago.
He send me notice to find a lawyer and then he sent emails threatening me including sending work not asked and telling me that he would not stop until I relieved him as counsel. I am trying to find a new lawyer but this take time. I need to book and go for interviews. How much time usually a lawyer should give a client?
Expert:  N Cal Attorney replied 1 year ago.

I would say at least a few weeks but I am unaware of any specific time requirement.

The Rule says: "due notice to the client, allowing time for employment of other counsel," which is somewhat vague so it depends on the circumstances.

How long ago did he tell you he wants out?

Is there any time sensitive matter pending? Any upcoming court dates?

Have you told him to stop working on the case other than the minimum needed not to commit malpractice?

Customer: replied 1 year ago.
hearing is coming in february. He told me on 02/11, out of the blue. He invented an excuse and then started to run emails to charge me. I have seen this song before. He was only interested in taking an enormous amount of money from me to basically continue a hearing. He took advantage of me because i was scared with a hearing, as I did not know, that the hearing was wrongly called. A 375,00 lawyer, do not ask for a retainer of 20 000,00. All he did was continue the hearing and now he told me to take what is LEFT of the retainer. He does not want to deal with REAL WORK, that is coming.
Expert:  N Cal Attorney replied 1 year ago.

You need to find new representation as quickly as possible.

What is the February hearing about?

Related Legal Questions