QUESTION
Can my attorney quit without notifying me?
Asked on May 10th, 2013 on Criminal Law - California
More details to this question:
I have a contract with my attorney. She is a very moody person. I have sent her at least two emails and asked her to respond before she move forward with the case. She hasn't responded. She is an attorney of record in my case. My question is: Can she quit without notifying me? What is a law regarding this matter in State of California. Thank you for your time.
6 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know the status. If you have not appeared in court she may have withdrawn, particularly if you have not paid your bill.
Answered on May 15th, 2013 at 4:15 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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An attorney cannot just quit your case. She must first file a motion with the court to withdraw as your attorney, serve you with a copy of it by mail and have the court grant her withdrawal.
Answered on May 14th, 2013 at 12:33 AM
Geoffrey MacLaren Yaryan
An attorney must have the permission of the court to withdraw in a criminal case if they are the attorney of record. If she is not answering your calls or emails contact the State Bar and make a complaint. I would advise her in writing first, but if no response contact the Bar.
Answered on May 10th, 2013 at 3:21 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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If an attorney is withdrawing from representing you, they need to inform you of that. If your attorney has appeared in court on your matter, then they also need to inform the court that they are withdrawing as representation, which is done on the record at court, in order to be relieved as counsel, and so another attorney can then substitute in as counsel. Perhaps your attorney is in trial on another matter and will respond soon. If you emailed your attorney twice today and have not heard back, then there certainly can be many good reasons for the delayed response. Have you tried calling her? That is generally a good idea before assuming that she is quitting on you. That being said if you have called her and emailed her 10 times over the past several weeks and have not heard back, then there is likely an issue somewhere. ...and there is a wide range of variant situations between those two. I would recommend at least calling her office if you would like to speak to her.
Answered on May 10th, 2013 at 2:47 PM
Your attorney cannot quit without notifying you, and there are laws preventing an attorney from doing such.
Answered on May 10th, 2013 at 2:42 PM
DUI & DWI Attorney serving Irvine, CA
2 Awards
The law requires notice to the client that the lawyer intends to withdraw from the case.
Answered on May 10th, 2013 at 2:37 PM