Attorneys And Counselors At Law - Persons Specially Invested With Ministerial Powers Relating To Courts Of Justice - Civil Procedure - CA

Section § 283

This law gives attorneys specific powers. They can make agreements that legally bind their clients in court cases, provided these agreements are officially recorded. Attorneys can also receive and manage money owed to their clients during or after a case unless their authority is officially revoked.

An attorney and counselor shall have authority:

1. To bind his client in any of the steps of an action or proceeding by his agreement filed with the Clerk, or entered upon the minutes of the Court, and not otherwise;

2. To receive money claimed by his client in an action or proceeding during the pendency thereof, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, and not otherwise, to discharge the claim or acknowledge satisfaction of the judgment.

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Section § 284

This law explains how a lawyer can be changed in a case, either before or after the case is decided. There are two ways to do it: both the client and lawyer agree and notify the court, or one of them requests a change and the court approves it after notifying the other party.

The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows:

1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;

2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.

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Section § 285

If a person changes their attorney or decides to represent themselves, they must inform the other party in the case with a written notice about this change. Until such notice is given, the original attorney remains recognized as the representative.

When an attorney is changed, as provided in the last section, written notice of the change and of the substitution of a new attorney, or of the appearance of the party in person, must be given to the adverse party. Until then he must recognize the former attorney.

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Section § 285.1

This law allows an attorney representing someone in a divorce, legal separation, or child custody case to withdraw from the case after a final judgment is made. The attorney can do this before receiving any new legal papers related to the case. To withdraw, the attorney must file a notice including the date of the final decision, the client's last known address, and a statement of withdrawal. This notice must be sent to the client and the opposing party.

An attorney of record for any party in any civil action or proceeding for dissolution of marriage, legal separation, or for a declaration of void or voidable marriage, or for the support, maintenance or custody of minor children may withdraw at any time subsequent to the time when any judgment in such action or proceeding, other than an interlocutory judgment, becomes final, and prior to service upon him of pleadings or motion papers in any proceeding then pending in said cause, by filing a notice of withdrawal. Such notice shall state (a) date of entry of final decree or judgment, (b) the last known address of such party, (c) that such attorney withdraws as attorney for such party. A copy of such notice shall be mailed to such party at his last known address and shall be served upon the adverse party.

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Section § 285.2

This law says that if a lawyer working for a legal aid agency can't effectively help a low-income client due to a drop in public funding, the court can let the lawyer stop representing the client. However, the lawyer needs to prove a few things first: there's not enough money to do a good job, they've tried to find the client another lawyer, and they've done everything possible to avoid harming the client's case. Just showing the client is low-income is not a good enough reason to prevent the lawyer from quitting.

If a reduction in public funding for legal service materially impairs a legal service agency attorney’s ability to represent an indigent client, the court, on its own motion or on the motion of either the client or attorney, shall permit the withdrawal of such attorney upon a showing that all of the following apply:

(a) There are not adequate public funds to continue the effective representation of the indigent client.

(b) A good faith effort was made to find alternate representation for such client.

A showing of indigency of the client, in and of itself, will not be deemed sufficient cause to deny the application for withdrawal.

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Section § 285.3

This law allows a court to temporarily pause deadlines or requirements like statutes of limitations or filing rules for up to 90 days when an attorney withdraws from a case. This pause is meant to prevent any legal disadvantage to the client due to the attorney's withdrawal. The court can do this on its own or at the request of any party involved if they find it's necessary to prevent legal harm to the client.

The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement, statute providing for mandatory dismissal, notice of appeal, or discovery requirement, for a period not to exceed 90 days, on the court’s own motion or on motion of any party or attorney, when the court finds that tolling is required to avoid legal prejudice caused by the withdrawal of the legal service agency attorney.

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Section § 285.4

If a lawyer needs to stop representing a client who can't afford legal help, the court can appoint another lawyer to take over for free if there's a good reason. The new lawyer can still get any fees the client is legally entitled to. The court will look at things like whether the client's case has a good chance of winning, if the client can afford to pay for a lawyer, whether other lawyers are available, and if the client would suffer harm without a lawyer. They'll also consider if the new lawyer can handle the case well, their current unpaid work for others, the client's ability to represent themselves, and the lawyer's current workload.

The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may appoint any member of the bar or any law firm or professional law corporation to represent the indigent client without compensation, upon a showing of good cause. Nothing herein shall preclude the appointed attorney from recovering any attorneys’ fees and costs to which the client may be entitled by law. In determining the existence of good cause, the court may consider, but is not limited to, the following factors:

(a) The probable merit of the client’s claim.

(b) The client’s financial ability to pay for legal services.

(d) The need for legal representation to avoid irreparable legal prejudice to the indigent client.

(e) The ability of appointed counsel to effectively represent the indigent client.

(f) Present and recent pro bono work of the appointed attorney, law firm or private law corporation.

(g) The ability of the indigent client to represent himself.

(h) The workload of the appointed attorney.

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Section § 286

If an attorney working on a case can no longer do their job because they've passed away, been removed, suspended, or have stopped acting as an attorney, the opposing party has to inform the client of this. The client then must either find a new attorney or decide to represent themselves before the case can continue.

When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action, for whom he was acting as attorney, must, before any further proceedings are had against him, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.

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