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Under CA state bar rules, what are the proper steps for an attorney to withdraw from his client's case?


If an attorney and client have a contract in a personal injury case, and the case has a substantial monetary value, but the attorney is busy with a new job, what are the proper steps for an attorney to take in order to withdraw from his client's PI case ?

There are only three ways:

1. The client fire's his/her attorney (in writing) and signs a substitution of attorney - civil, form.

2. The client hires new counsel and both attorney's (past and present) and the client sign a substitution of attorney - civil, form.

3. The attorney files a Notice of Motion to Relieved as Counsel along with an Affidavit setting forth the reasons to be relieved. A hearing is held and the court issues an order relieving counsel or not.

I cannot answer specifically to CA, but here there are several options:

1) By agreement and having the client retain new counsel;

2) By agreement and having the client sign a "Notice of Intention to Act in Person:;

3) By applying to the courts to be removed as solicitor of record.

Once removed, by which ever process, the attorney then provides the file to the client or new counsel. They are entitled to charge at the very least their disbursements, copying charges to provide the file and possibly fees to date, depending on the retainer/contingency contract.

say goodbye, see ya... and make his files available to the new attorney.

Check with the State Bar, not here!

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