Sw3tflower
Member
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)?
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)?