Substitution of Attorney?

[nocontact]

What is the name of your state (only U.S. law)? CA

My case is done for now...meaning there is nothing on the calendar unless my ex decides to file something new. However, my lawyer is leaving for another position in another county and is closing the practice. Do I need to file a substitution of attorney (I don't have anyone), and if I do, am I supposed to do it or is the attorney supposed to do it? Thanks for your help.

 

[Nellibelle]

What is the name of your state (only U.S. law)? CA

My case is done for now...meaning there is nothing on the calendar unless my ex decides to file something new. However, my lawyer is leaving for another position in another county and is closing the practice. Do I need to file a substitution of attorney (I don't have anyone), and if I do, am I supposed to do it or is the attorney supposed to do it? Thanks for your help.

You can do it--just go to your Attorney and get the form and fill it out and sign it and your Attorney will take care of the rest!

 

[Zigner]

You can do it--just go to your Attorney and get the form and fill it out and sign it and your Attorney will take care of the rest!

Mixed message there.

 

[latigo]

What is the name of your state (only U.S. law)? CA

My case is done for now...meaning there is nothing on the calendar unless my ex decides to file something new. However, my lawyer is leaving for another position in another county and is closing the practice. Do I need to file a substitution of attorney (I don't have anyone), and if I do, am I supposed to do it or is the attorney supposed to do it? Thanks for your help.

You are asking whether or not your attorney of record is "supposed" to select someone else to represent you?

The truth is that it doesn't appear that you have present use for a lawyer in this domestic case. And hiring one is going to involve consultation and money.

Also it is a common practice around these parts, particularly in family law court cases involving issues upon which the court retains jurisdiction - child custody, support, spousal support - that once a given proceeding is concluded the lawyers of record formally withdraw.

The reason being that in the event the case is reopened for some reason, they can't be effectively served on behalf of their clients and often unwillingly drawn into the case. Plus put to the task of locating and notifying their "client" whose whereabouts may be unknown,

So, if the time comes when further such representation is needed and your former lawyer has not officially withdrawn, any newly retained lawyer will file notice of substitution of counsel. A process which won't officially involve you. Meaning no need for you to file anything, unless it would be a notice of you appearing in pro per.

Any other pressing issues?

 

[nocontact]

You are asking whether or not your attorney of record is "supposed" to select someone else to represent you?

The truth is that it doesn't appear that you have present use for a lawyer in this domestic case. And hiring one is going to involve consultation and money.

Also it is a common practice around these parts, particularly in family law court cases involving issues upon which the court retains jurisdiction - child custody, support, spousal support - that once a given proceeding is concluded the lawyers of record formally withdraw.

The reason being that in the event the case is reopened for some reason, they can't be effectively served on behalf of their clients and often unwillingly drawn into the case. Plus put to the task of locating and notifying their "client" whose whereabouts may be unknown,

So, if the time comes when further such representation is needed and your former lawyer has not officially withdrawn, any newly retained lawyer will file notice of substitution of counsel. A process which won't officially involve you. Meaning no need for you to file anything, unless it would be a notice of you appearing in pro per.

Any other pressing issues?

I wasn't asking whether I need to get another lawyer. I understand that I do not need one right now. My question is more of what do I need to file to the court, if anything, since she is leaving. And is it usually the lawyer who does it, or am I supposed to?

From what you wrote here, the lawyers formally withdraw...but again, the question is: is there paperwork that needs to be done, and who does it?

ETA: Never mind. I read the last paragraph again. So, I don't need to do anything...is what I'm understanding. Thank you for your help!!

 

[nocontact]

You can do it--just go to your Attorney and get the form and fill it out and sign it and your Attorney will take care of the rest!

This confused me a bit...

If I follow what you're saying, though, I just go to my attorney and sign the paperwork, and the attorney will file it. Correct?

 

[Silverplum]

This confused me a bit...

If I follow what you're saying, though, I just go to my attorney and sign the paperwork, and the attorney will file it. Correct?

Please don't do that.

Please follow the instructions given by latigo.

 

[latigo]

You can do it--just go to your Attorney and get the form and fill it out and sign it and your Attorney will take care of the rest!

(Borrowing Quincy's reaction to one of your earlier examples of "legal" paralogism.)

HUH?

 

[nocontact]

Please don't do that.

Please follow the instructions given by latigo.

Thank you for clarifying what I should (and shouldn't) do! I appreciate it. So, basically, I don't need to do anything because the (future) attorney will do it when the need arises, unless I decide to represent myself. Thank you again!! Have a great day!

 

[latigo]

Please don't..... ?

That ain't going to especially please nellybelly who seems to be inclined to become irritable when challenged.

[SUB]Or could that be "Bellevue"?[/SUB]

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

My case is done for now...meaning there is nothing on the calendar unless my ex decides to file something new. However, my lawyer is leaving for another position in another county and is closing the practice. Do I need to file a substitution of attorney (I don't have anyone), and if I do, am I supposed to do it or is the attorney supposed to do it? Thanks for your help.

You shouldn't have to file anything as the case is closed. You should be served with any new filings at which point you can hire new counsel.

 

[nocontact]

You shouldn't have to file anything as the case is closed. You should be served with any new filings at which point you can hire new counsel.

Thank you, OhioGAL!!

Thank you for all your responses. I appreciate your input and advice. I just want to make sure I don't do anything incorrectly, especially if it will hurt me in the long run...I can "relax" now.

 

[latigo]

. . . . You should be served with any new filings (?) . . . . .

Not necessarily so. Not if the "new filings" address issues over which the court has retained jurisdiction. If so, personal service would be required ONLY if the court files reflect no current attorney of record.

And it makes no difference if the attorney of record has since moved to China. Service would be complete on mailing same as prior. Which is why it is wise for the attorney in such matters to withdraw immediately upon the conclusion of their services.

Seems strange that you need to be told.

 

[Ohiogal]

Not necessarily so. Not if the "new filings" address issues over which the court has retained jurisdiction. If so, personal service would be required ONLY if the court files reflect no current attorney of record.

And it makes no difference if the attorney of record has since moved to China. Service would be complete on mailing same as prior. Which is why it is wise for the attorney in such matters to withdraw immediately upon the conclusion of their services.

Seems strange that you need to be told.

Depends. In Ohio and other states, representation ends when the case is docketed as closed. That happens.

 

[Silverplum]

Please don't..... ?

That ain't going to especially please nellybelly who seems to be inclined to become irritable when challenged.

[SUB]Or could that be "Bellevue"?[/SUB]

I know. But somebody had to do something, and that's where I come in.