California Sample Letter for Agreed Order Substituting Counsel
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How to fill out Sample Letter For Agreed Order Substituting Counsel?
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FAQ
If this motion to be relieved as counsel is granted, you will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself.
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).
Discussion The current rule of court concerning motions to be relieved as counsel requires that an attorney seeking to withdraw serve the notice, motion, and declaration on the client and all other parties who have appeared in the action. (Cal. Rules of Court, rule 3.1362(d), Service.)
Tell the court that you have a new lawyer or that you no longer have a lawyer (and you are representing yourself). Get form MC-050.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
A motion for appropriate relief (or ?MAR?) is a motion to correct a purported error in the legal proceedings, and asks the court for relief such as vacating a conviction or ordering a new trial.
A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).
LBR 2091-1(b) provides the procedures to follow when a new attorney will represent a client, and this new representation is consented to by the client. This process is called "Consensual Substitution of Counsel." A new attorney may replace the current attorney.
