Q: My lawyer refuses to prepare for trial next week, insist I take the offer, what are my options?

A: Based on the situation you've described, you have several potential options, but you need to act quickly given the upcoming trial. Here are some steps you might consider:

1. File a complaint with the California State Bar:

You can file a complaint against your lawyer for professional misconduct. The State Bar can investigate and potentially discipline the lawyer.

2. Seek new representation immediately:

Given the imminent trial date, you should try to find a new lawyer who can take over your case on short notice. This may be challenging, but it's crucial given your current lawyer's lack of preparation.

3. Request a continuance:

If you can't find new representation in time, you or your new lawyer (if you find one) should request a continuance from the court. Explain the situation with your current lawyer and ask for more time to prepare.

4. Consider representing yourself (pro se):

This is not ideal, especially if your case is complex, but it may be necessary if you can't find new representation in time and the court won't grant a continuance.

5. File a motion to withdraw counsel:

You can file a motion with the court to have your current lawyer removed from the case. This should be done in conjunction with finding new representation or preparing to represent yourself.

6. Document everything:

Keep detailed records of all communications (or lack thereof) with your lawyer. This could be important for any potential legal malpractice claim later.

7. Request your file:

Demand that your lawyer turn over your complete file immediately. In California, lawyers are required to promptly release all client papers and property upon request.

8. Consider a legal malpractice suit:

If your case suffers damages due to your lawyer's negligence, you may have grounds for a legal malpractice lawsuit. However, this would be a separate action after your current case is resolved.

9. Mediation:

If time allows, you could try to resolve the issues with your lawyer through mediation services offered by local bar associations.

Remember, the ethical rules governing lawyers in California require them to act competently, communicate with clients, and protect clients' interests. Your lawyer's behavior, as described, may violate these rules.

Given the urgency of your situation, I strongly recommend you prioritize finding new representation or requesting a continuance. Also, consider consulting with another lawyer immediately for advice specific to your situation.