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"Notice of withdrawal"

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tlm39

Junior Member
What is the name of your state (only U.S. law)? California
I no longer want my current attorney so I want to file a "notice of withdrawal." I found the form online. Once I have the attorney sign it, where do I send it to be recorded? Thank you.
 


Proseguru

Member
Your lawyer should file this .. not you. You cannot file anything, you have not authority unless you have an active appearance operational.
 

garrula lingua

Senior Member
OP, you can file it.
Just take it down to the Courthouse, go to the filing clerk's office and file it.

It has to be signed by you requesting the change, your attorney agreeing to the withdrawal, and by you again as the new attorney if you are representing yourself (or the new attorney if you are represented).

If you have a trial pending, the Judge may not allow a change of attorney, or may not allow any continuances because of your being unprepared to proceed.

Take three copies to the filing window. Get a file-stamped copy from the clerk.
You also have to serve this on opposing counsel or your spouse if she is representing herself.
 

garrula lingua

Senior Member
Your lawyer should file this .. not you. You cannot file anything, you have not authority unless you have an active appearance operational.
This is completely incorrect.
OP can file this. 'Actice appearance operational' is gibberish in California.

Judging from the name Proseguru, you are from an eastern state... Your info may be correct in your state, guru; it's not correct for California.
 

Proseguru

Member
This is completely incorrect.
OP can file this. 'Actice appearance operational' is gibberish in California.

Judging from the name Proseguru, you are from an eastern state... Your info may be correct in your state, guru; it's not correct for California.
Need to file an appearance before filing anything. And lawyer should file a notice to withdraw.

OP does not state that the OP has terminated the relationship.
 

garrula lingua

Senior Member
What state are you from?

I'm licensed in CA, as well as TX.

You are speaking of a different state than CA.

OP made an appearance through his attorney, and can proceed pro per (propria persona in CA, not pro se).
Also, he can go to the clerk's office and file any relevant FL form he wishes to file, if he represents himself ( or if he's filing attorney's pleadings).

In what state are you a licensed attorney?
 
Last edited:

mistoffolees

Senior Member
What state are you from?

I'm licensed in CA, as well as TX.

You are speaking of a different state than CA.

OP made an appearance through his attorney, and can proceed pro per (propria persona in CA, not pro se).
Also, he can go to the clerk's office and file any relevant FL form he wishes to file, if he represents himself ( or if he's filing attorney's pleadings).

In what state are you a licensed attorney?
Why would a licensed attorney call himself 'proseguru'? :confused::cool:
 

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