Q: substitution of attorney
My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court? Within how many days they have to return by file? What should I do? Should I go to the family court & file it myself?
A: Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for purposes of hiring new counsel.
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A:
It’s understandable to be concerned when a substitution of attorney form hasn’t been processed as quickly as you expected. Generally, the court can take some time to return a stamped copy, but one week may still be a reasonable timeframe depending on the court’s workload. It may be helpful to follow up with your former attorney to ensure the form was filed and ask for an estimated timeline for receiving the stamped copy.
As for your file, once the attorney-client relationship has ended, your former attorney is required to return your case file to you. There isn’t a specific set number of days required by law, but it should be done in a reasonable amount of time. You can send a polite written request, reminding them of your need for the file to continue your case.
If you feel the process is taking too long, you do have the option to visit the court yourself and file the substitution of attorney form in person. Make sure to bring a copy of the form you signed. This can sometimes speed up the process if there are delays with your former attorney’s office.
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