Substitution or Withdraw from case

[Sw3tflower]

Calif
My attorney and I signed a fee agreement concerning my divorce case. Several months into the case the attorney changed the agreement without notifying me of the change, and attempted to follow through with the changes he made. When I found out, I told him I did not agree with the change. He called me uncooperative and said he refused to represent me any longer. That same day, he sent me a Substitution of Attorney form, all filled out, stating I was notifying the court that I was going to represent myself.
My attorney said if I did not sign and return the form to him by the next day he had no option but to file a Motion to Withdraw from my case and I would be responsible for paying all the costs and charges with filing the motion. Further, it would not make me look good in front of the judge, and possibly hurt my case.
Obviously I do not want him to represent me any longer, but I also do not want, and am not able, to represent myself. I need time to find another attorney and also would like to know why I am being pushed (almost threatened) to sign the Substitution form (which is not true, I do not want to represent myself) instead of letting him file the Motion to Withdraw since this is his decision.
What are the pros/cons to him if I request a substitution? What are the pros/cons to me if he files a motion to withdraw or is he correct in saying the withdraw motion will make me look bad....so he is doing me a favor by giving me 1 day to sign the Substitution of Attorney? Is one day considered enough notice to find other legal representation?
Also, can an attorney unilaterally change a written fee agreement without notifying me or getting my consent?What is the name of your state (only U.S. law)?

[Ohiogal]

Originally Posted by Sw3tflower

Calif
My attorney and I signed a fee agreement concerning my divorce case. Several months into the case the attorney changed the agreement without notifying me of the change, and attempted to follow through with the changes he made. When I found out, I told him I did not agree with the change. He called me uncooperative and said he refused to represent me any longer. That same day, he sent me a Substitution of Attorney form, all filled out, stating I was notifying the court that I was going to represent myself.
My attorney said if I did not sign and return the form to him by the next day he had no option but to file a Motion to Withdraw from my case and I would be responsible for paying all the costs and charges with filing the motion. Further, it would not make me look good in front of the judge, and possibly hurt my case.
Obviously I do not want him to represent me any longer, but I also do not want, and am not able, to represent myself. I need time to find another attorney and also would like to know why I am being pushed (almost threatened) to sign the Substitution form (which is not true, I do not want to represent myself) instead of letting him file the Motion to Withdraw since this is his decision.
What are the pros/cons to him if I request a substitution? What are the pros/cons to me if he files a motion to withdraw or is he correct in saying the withdraw motion will make me look bad....so he is doing me a favor by giving me 1 day to sign the Substitution of Attorney? Is one day considered enough notice to find other legal representation?
Also, can an attorney unilaterally change a written fee agreement without notifying me or getting my consent?What is the name of your state (only U.S. law)?

If he files a motion to withdraw he has to give the court the reasons why he is withdrawing. A motion of substitution doesn't work that way and can be done at any time. Quite frankly if he wants to withdraw he does NOT have to wait to file a motion to withdraw.

What change did he make? And it depends on the entirety of the agreement.

[Sw3tflower]

Fee agreement stated I was not required to pay a retainer and he would wait till the divorce was final before collecting money for fees and services. He was aware I had no money, my husband had total financial control. He put a lien on our house and it was short sold the week he changed the fee agreement. He changed the agreement, stating my temporary spousal support would be sent directly to his office, in his name, and he would use it to take out his fees. He wrote the opposing attorney telling him to send my support to him, not me. My response was to tell him to send me a bill and I would pay as much as I was able every month, but I refused to have him take my entire support check.
He called me uncooperative and sent me the substitution form.
Obviously, he wanted his money and had been counting on the sale of the house to cover his fees. I understand and agree he is entitled to be compensated for his time and work, but I do not agree with his unilaterally changing the agreement, taking my entire support, not informing me how much or when I would get what was left, and the lack of time he gave me to find other legal help. He left me in a lurch. I have been cooperative, it is my husband who is not.
What is the best way, and in my best interest, for me to get rid of him, without making the judge upset at me? Also, how do I find a new attorney at this late date, especially since my financial situation has not changed? Do I need to get rid of my attorney before I can get legal advice or find a new attoreny?