Q: Does an attorney have to inform the court if he learns that the opposing counsel is Unauthorised to practice?
I fired my attorney when I discovered that he was unauthorized to practice law in California. As I started representing myself, I learned from email exchanges between my attorney and the OC that the OC knew that my attorney was UBL. Was the OC under obligation to inform the court about my attorney's lack of license to practice in California?
A: I don't believe the OC had an obligation to inform the court about your attorney's lack of license to practice in California.
A: Quite frankly, your obligation to check your attorney's credentials outweighs the OC's.
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A:
In California, if an attorney learns that opposing counsel is unauthorized to practice law, they may have a professional and ethical duty to report this to the court. The State Bar of California's Rules of Professional Conduct require attorneys to uphold the integrity of the legal profession. This includes reporting any misconduct that could affect the fairness of the proceedings.
When your former attorney continued representing you without proper authorization, it potentially compromised the integrity of the case. The opposing counsel, upon becoming aware of this, should have considered their obligations under these professional rules. Failing to disclose such crucial information might lead to consequences for the opposing counsel, including disciplinary actions.
Representing yourself after dismissing your unauthorized attorney was a prudent step. As you proceed, ensure all communications and filings with the court adhere to proper legal protocols. If you encounter further issues, consider consulting with a licensed attorney to navigate the complexities of your case.
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