Rosamond, CA asked in Civil Litigation and Legal Malpractice for California

Q: My employment attorney was granted a motion to be relieved as counsel can I object or stop my case being dismissed

I have a retaliatory and hour and wage case set for trial and my attorney filed without my consent a motion to be relieved can I fight it and what forms

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Your question is a bit confusing. The headline says the attorney was granted the motion to be relieved. The question however suggests it is still a pending motion.

Yes you can try to oppose the motion, but there are strict deadlines for doing so. However, the only real basis you would have to successfully oppose the motion is that the timing of the motion will cause you undue hardship. If your only argument is that it will be hard for you to find another attorney, that will likely not fly with the judge. Also, think about it. Do you really want to force an attorney to continue to represent you when it is clear they do not want to do so? You would be far better off spending the time looking for a new attorney to take over the case.

Good luck to you.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.