Q: Can an attorney withdraw from a client without her consent in California?
My mother's attorney is asking me to send my mother a letter, my mother left the country, I have never had much of a relationship with her and she did not give me her contact information. He keeps harrasing me and I don't know what to tell her. If an attorney has made everything humanly possible to find the client to get consent to withdraw from a case can't he file papers or something to ask a judge to allow him to withdraw without signed consent?
A: Yes, the attorney can file a Motion to be Relieved as Counsel from the case. The form and content of attorneys’ motions to withdraw are governed by California Rules of Court. The motion must be accompanied by a supporting declaration showing why a substitution of attorneys by consent could not be obtained. The declaration must be stated in general terms and without compromising the confidentiality of the attorney-client relationship. Hope this helps.
Sally Bergman agrees with this answer
A: Under most any circumstances, it is not appropriate for an attorney to harass you regarding a matter he/she is handling for your mother. While it is possible that when the attorney first started working with your mother, he/she may asked for the name of a family member to contact in the event they could not be located, if you have no information or do not wish to assist the attorney, you have no obligation to do so. You should tell the attorney to stop bothering you and, if he/she continues to bother you, you can report him/her to the California State Bar.
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