California Sample Letter for Motion for Substitute Counsel of Record
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How to fill out Sample Letter For Motion For Substitute Counsel Of Record?
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Cal Rules of Ct 8.36(b). An attorney may request withdrawal by filing a motion to withdraw. The motion must comply with Cal Rules of Ct 8.54?8.57 and be served only on the party represented and the attorneys "directly affected," unless the court orders otherwise.
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.
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.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
(a) The parents of a legitimate unmarried minor child, acting jointly, may maintain an action for injury to the child caused by the wrongful act or neglect of another. If either parent fails on demand to join as plaintiff in the action or is dead or cannot be found, then the other parent may maintain the action.
When an attorney desiring to withdraw is to be replaced simultaneously, the succeeding attorney must file a motion to substitute counsel. If the presiding judge grants the motion, the order effects both the substitution of the succeeding attorney and the withdrawal of the attorney being replaced.
