Attorneys and Counselors at Law in California

California’s Code of Civil Procedure in Part 1, Title 5, Chapter 1, provides for attorneys and counselors at law.

Section 283 requires an attorney and counselor to have authority to bind their client in any of the steps of an action or proceeding by agreement filed with the Clerk, or entered upon the minutes of the Court; and to receive money claimed by their client in an action or proceeding during the pendency, or after judgment, unless a revocation of his authority is filed, and upon the payment thereof, to discharge the claim or acknowledge satisfaction of the judgment.

Section 284 allows an attorney in an action or special proceeding to be changed at any time before or after judgment or final determination, upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; or, upon the order of the court, upon the application of either the client or attorney, after notice from one to the other.

Section 285 specifies that, when an attorney is changed, 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 or she must recognize the former attorney.

Section 285.1 states that 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 becomes final by filing a notice of withdrawal. The notice has to contain three specified items a copy of the notice must be mailed to the party at their last known address and be served upon the adverse party.

Section 285.2 provides that, 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 must permit the withdrawal of the attorney upon a showing that all three specified conditions apply. A showing of indigency of the client, in and of itself, will not be deemed sufficient cause to deny the application for withdrawal.

Section 285.3 allows the court, upon the granting of a motion for withdrawal, to 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.

Section 285.4 authorizes the court, upon the granting of a motion for withdrawal, to 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. The appointed attorney is not precluded 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 eight specified factors.

Section 286 states that, when an attorney dies, or is removed or suspended, or ceases to act as an attorney, a party to an action, for whom he or she was acting as attorney, must, before any further proceedings are had, be required by the adverse party, by written notice, to appoint another attorney, or to appear in person.