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Question

u helped last yr.re: Recall Mandate SF 9th cir pro se.Court clerk rejected motion stating i was rep by counsel.3 emails req my former atty to submit Letter of Substitution.He just signed his first name to my email to him that r relationshp was completd effective date of mandate. wrote clerks office. no help. record shows i'm representd. filed 2nd motion for pro se and ineffective asst. of counsel. NOPE they want atty to provide wrtten statemt. emailed him Wed. stated he had just dictated it just needed to b typed. today asked date court/me would receive it. offered to write it myself he just had to sign. NO ANSWER. going to try 1 motion groveling for permission to prcede pro se. Any ideas

Submitted: 257 days and 23 hours ago.
Category: Legal
Value: $45
Status: CLOSED

Accepted Answer

It would probably be simpler to just have him sign a form called a substitution of attorney.

You put the form on the case's caption and file it with the Court. That would generally be enough. Some local rules, however, require a noticed motion to relief the attorney.

Here is the typically text that goes in a substitution of attorney:

THE COURT AND ALL PARTIES ARE NOTIFIED THAT
____________ , plaintiff herein, makes the following substitution:
The former legal representative of plaintiff, ____________, is hereby removed as attorney of record for plaintiff. Plaintiff, _____________, is now representing himself in this matter. Plaintiff's address and telephone number of record are set forth below:
_____________________
_____________________
_____________________


DATED: _____________________ _____________________________
Former Attorney

DATED: _____________________ _____________________________
Plaintiff


---------------------------------------------------------------------------------------------------

Type up the form and walk it into his office if he won't get it to you timely.




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Expert: CALawyer
Pos. Feedback: 100.0 %
Accepts: 
Answered: 3/10/2009

Lawyer (JD)

Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.

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