What is the name of your state (only U.S. law)? California
Question about Substitution of Attorney
My (plaintiff) property damage case settled. In my settlement agreement I agreed to sign a “recordable document” so the settlement agreement can be recorded with the County Recorder. The settlement agreement was the typical language about releasing defendants. The documented to be recorded was drafted and presented by the Defendant’s attorney and titled, a “Recordable Release”. The Defendants attorney submitted the document to the County for recordation, but the Recorder’s office rejected it stating there was no provision to record such document. My first question is, “are settlement agreements the type of documents that are required or authorized by law to be recorded with the County?”
Since it wasn’t recordable, my attorney specifically instructed the Defendant’s attorney as to how to draft another document that hopefully the county will accept for recordation, and titled it Boundary Line Agreement. Our case had absolutely nothing to do with a dispute or uncertainty about our (me & my neighbor’s) boundary lines, so I objected because it’s false. I also told him (in a letter) that I was displeased that he was advising the Defendant’s Attorney on how to draft another document against me with an invalid title, and that I objected to signing the new document. And also asked why didn’t he uphold the County Recorder’s rejection and request the case be closed. My second question is, “don’t I have the right to object to this new document because it’s not true?
My attorney wrote back and said he wishes to resign from the case since I’m not taking his advice regarding signing the new document and since I said was displeased with his service. He didn’t address any of my concerns, he just sent me the substitution of attorney form to sign.
Note: My case was settled and my attorney received his full attorney’s fee, along with all the outside costs incurred in pursuing my claim, so the balance is zero. The hearing to dismiss the case is in a couple of weeks.
My following questions are:
1. , “Since he’s been paid in full and the case is not dismissed yet, Can he do this?
2. I do not agree with him discharging himself. I want him to still represent me (especially since he’s been paid for this case and it’s not dismissed yet). What can I do about this?
3. Assuming I don’t sign the Substitution, what are the next steps he might take (i.e. will there be hearing in front of the judge)?
Question about Substitution of Attorney
My (plaintiff) property damage case settled. In my settlement agreement I agreed to sign a “recordable document” so the settlement agreement can be recorded with the County Recorder. The settlement agreement was the typical language about releasing defendants. The documented to be recorded was drafted and presented by the Defendant’s attorney and titled, a “Recordable Release”. The Defendants attorney submitted the document to the County for recordation, but the Recorder’s office rejected it stating there was no provision to record such document. My first question is, “are settlement agreements the type of documents that are required or authorized by law to be recorded with the County?”
Since it wasn’t recordable, my attorney specifically instructed the Defendant’s attorney as to how to draft another document that hopefully the county will accept for recordation, and titled it Boundary Line Agreement. Our case had absolutely nothing to do with a dispute or uncertainty about our (me & my neighbor’s) boundary lines, so I objected because it’s false. I also told him (in a letter) that I was displeased that he was advising the Defendant’s Attorney on how to draft another document against me with an invalid title, and that I objected to signing the new document. And also asked why didn’t he uphold the County Recorder’s rejection and request the case be closed. My second question is, “don’t I have the right to object to this new document because it’s not true?
My attorney wrote back and said he wishes to resign from the case since I’m not taking his advice regarding signing the new document and since I said was displeased with his service. He didn’t address any of my concerns, he just sent me the substitution of attorney form to sign.
Note: My case was settled and my attorney received his full attorney’s fee, along with all the outside costs incurred in pursuing my claim, so the balance is zero. The hearing to dismiss the case is in a couple of weeks.
My following questions are:
1. , “Since he’s been paid in full and the case is not dismissed yet, Can he do this?
2. I do not agree with him discharging himself. I want him to still represent me (especially since he’s been paid for this case and it’s not dismissed yet). What can I do about this?
3. Assuming I don’t sign the Substitution, what are the next steps he might take (i.e. will there be hearing in front of the judge)?
