What to do if I have to fire my attorney and need to know how I notify the court?

I am no longer pursuing my motion to withdraw my guilty plea. The information my lawyer gave me to help me decide to go this direction is incorrect and the direction he is heading is not where I want to go.

Asked on November 8, 2013 under Criminal Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have retained a new attorney, the new attorney can file a substitution of attorney form which your old attorney and new attorney can both sign.  Your new attorney becomes the attorney of record when that substitution of attorney form is filed with the court.

If you haven't retained a new attorney, your former attorney can sign the substitution of attorney form and you can also sign as the new attorney in pro per.  This means you are representing yourself.  You can file the substitution of attorney form with the court and you will then be attorney of record.  As soon as you retain a new attorney, the new attorney can sign the substitution of attorney form and you will no longer be the attorney in pro per representing yourself once the substitution of attorney form is filed with the court and your new attorney is then the attorney of record.

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