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How Do I Show I Don't Have a Lawyer in California

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  • 04-19-2010, 09:12 AM
    525601minutes
    How Do I Show I Don't Have a Lawyer in California
    :wallbang: In April 2008 I used an attorney to help with my family court case - child support etc. In January of 2009 this lawyer sent me a letter saying he was no longer representing me and asked for a couple of hundred bucks because he used more than the retainer I paid. That was the last contact we had until last week. I called him and asked for my files - all of the emails etc. I gave him in 2008. No problem he said and I picked them up Friday.

    Today I got to the family facilitator's office at 5am and waited in line until they opened at 8:wallbang:. At 8:45 I was told they could not and would not help me because - wait for it---- my court files show I have an attorney.

    Now Mr. LawyerMan is not answering his phone. What if he is on vacation or got hit by a bus? Isnt' there some way I can get him off my record without waiting for him to do something :confused: The facilitator can't even tell me what to do to fix having a lawyer on my case because me files show I have a lawyer on my case:wallbang:
  • 04-19-2010, 09:14 AM
    jk
    Re: How Do I Show I Don't Have a Lawyer in California
    Quote:

    In January of 2009 this lawyer sent me a letter saying he was no longer representing me
    seems like that letter would go a long way to support your claim.

    and unless the lawyer in question is in a single man practice and has no secretary, it would be unusual for nobody to answer the phone. Most attorneys have ongoing concerns where at least a secretary would be needed to direct inquiries.

    I would check for correct phone number, updated phone number, then contact the bar association to determine the lawyers status and hopefully a current address and maybe even a phone number.
  • 04-19-2010, 09:17 AM
    525601minutes
    Re: How Do I Show I Don't Have a Lawyer in California
    Oh yeah - except stupid me shredded it after Mr. LawyerMan cashed my check back in 2009.:rolleyes: I am KICKING myself!! any other ideas?
  • 04-19-2010, 09:34 AM
    jk
    Re: How Do I Show I Don't Have a Lawyer in California
    I edited my post with a few things that might help you find the lawyer. It would seem odd that there is no answer at all at the phone number you have.
  • 04-19-2010, 09:47 AM
    525601minutes
    Re: How Do I Show I Don't Have a Lawyer in California
    Yep - single guy - no secretary, but I'm sure I called the right number. I found this form
    http://www.courtinfo.ca.gov/forms/fillable/mc050.pdf
    but I am not positive on how to fill it out - and of course the facilitator office can't help:(

    I guess I will do my best and bring it down there. This sucks:wallbang:
  • 04-19-2010, 09:57 AM
    jk
    Re: How Do I Show I Don't Have a Lawyer in California
    did you notice there is a place for a signature of the former attorney?
  • 04-19-2010, 10:02 AM
    525601minutes
    Re: How Do I Show I Don't Have a Lawyer in California
    Damn that line five!! Pardon me - but - FVCK!
    Now I'm at this guys mercy waiting for a call back... I wonder how much he's going to charge for that:D
  • 04-19-2010, 10:10 PM
    CourtClerk
    Re: How Do I Show I Don't Have a Lawyer in California
    You're either going to have to get him to file a substitution of attorney or file a motion to have him relieved as counsel.

    Those are your only 2 options.
  • 04-20-2010, 11:05 AM
    525601minutes
    Re: How Do I Show I Don't Have a Lawyer in California
    Thank you CC... hoping he will return my call soon!
  • 04-20-2010, 04:08 PM
    525601minutes
    Re: How Do I Show I Don't Have a Lawyer in California
    Phew - I received an FL-960 today in the mail. The 'notice of withdrawal of attorney of record'. On the back is a proof of service where the lawyer says he also mailed a copy to my X.

    Does it make any legal difference that the lawyer did not send the form to my X's current address, but to X's old address where he lived back when the lawyer was on the case?
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