Q: In CA, can a client of a law firm request a mobile notary to sign to dismiss the contest to a will? Client is ill...home
The law firm was hired on a contingency basis over 18 months ago. The client decide to drop the case 6 weeks ago, but the law firm refused to let her drop the case saying she needed to think about it and wait 30 days before they would accept her decision in writing and thereby dropping the case in court. They are being difficult to reach. Obviously, they selfishly want to continue with the case since they still want to get paid. Now, the client is home sick with cancer and in even more need to cancel this case. It's an emergency for the whole family. What can she do? Request a mobile notary to bring the legal docs to her? Do it on-line with a notary. I do it for million dollar real estate transactions.
A:
In California, a client has the right to dismiss their attorney at any time, with or without cause, subject to liability for payment for the attorney's services. If the attorney was hired on a contingency basis, the client would typically not owe any fees unless and until the case is successfully resolved.
Here are a few options the client can consider:
1. Send a certified letter: The client can send a certified letter to the law firm clearly stating their desire to terminate the attorney-client relationship and dismiss the case. This creates a paper trail and puts the law firm on notice.
2. Use a mobile notary: If the client is ill and unable to leave their home, they can indeed request a mobile notary to notarize their written request to dismiss the case. The notarized document should then be sent to the law firm and the court.
3. Online notarization: California does allow remote online notarization (RON) under certain circumstances. The client would need to check if they meet the requirements and if the court would accept an online notarized document in this case.
4. Contact the court directly: The client can reach out to the court where the case is pending and inform them of their desire to dismiss the case. The court may be able to provide guidance on the proper procedures.
5. Seek new counsel: If the client feels the current law firm is not acting in their best interest, they can seek advice from a new attorney who can help facilitate the dismissal process.
It's important for the client to act quickly and decisively to communicate their wish to dismiss the case. The longer the delay, the more complicated the situation may become. Documenting all communications in writing is also advisable.
A:
There are many twists and turns in the law and rules surrounding it, it seems every rule and every exception to the rule has another rule/exception. THE GENERAL RULE surrounding this instance is that of course the individual can instruct the firm not to go on, and to drop the case. This would NOT include any exceptions alluded to, and the client should put it all in writing and if not done, strongly consider talking to an attorney who specializes in ethics and/or even contacting the state bar.
Here's hoping the cancer diagnosis improves and lastly, I would NOT go around calling someone who works (presumably) and wants to be paid for the work, "greedy" as that person usually has to put food on the table too...
A:
Thank you for your question!
A 14-day consideration time to take such a big action for voluntary dismissal should be fine. You can ask the law firm (in writing) what the reason behind the 30-day delay is, and you would not pay them for any charges other than the process for dismissal. E.g., Is there a success or achievement very close in time b through a settlement?
Meantime, you can consult with another lawyer to check the status of your case, and why the lawyer is not willing to dismiss the case.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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