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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116754
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband has filed a petition to which I have responded.

Customer Question

My husband has filed a petition for dissolution to which I have responded. He has an attorney, I do not. We wish to withdraw the petition. His attorney will try to talk him out of it, so he wants to substitute his attorney and file the request for dismissal in pro per. The attorney has been extremely non-responsive on many other matters, and we suspect the attorney will drag his feet in signing and returning the substitution of attorney form. Is there a way that my husband can substitute himself for his attorney without needing his attorney's "consent"? We are in California.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He has to file a motion for substitution of counsel and state in there that he is dismissing counsel and substituting himself pro per. Then he would file a joint stipulation to dismiss the petition for dissolution.
He does not need his attorney's consent, according to CA Rules of Professional Conduct if the client tells the attorney he is fired, he is fired.
Customer: replied 1 year ago.
Thank you for your quick response. I guess I am having trouble understanding which form to use. The MC 050 substitution of attorney form has a place for the attorney to sign his consent, and the instructions say the form must be served upon the attorney by a neutral 3rd party. Isn't there some way that my husband can simply go to his attorney's office, deliver the letter of termination and have the attorney sign on the dotted line, so to speak, the MC 050? Or is there another form that can be used which does not request his attorney's signature of consent?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Your husband's first step is giving his attorney a written letter of termination together with the motion to sign. However, if he will not sign, then your husband needs to file his own motion to remove counsel and substitute and for that there is no preprinted form, he has to modify the form you have with the court name and case name and then he has to write his own motion to explain to the court he is moving for them to remove counsel who has refused to sign upon being terminated and presented the form. The court will order the removal.