substitution of attorney
Posted: Fri Aug 24, 2012 3:42 pm
Just file it without a sig from old lawyer. Judge will recognize you as lawyer. Any time you appear for the debtor you are in the case.
Sent from my iPhone
On Aug 23, 2012, at 10:26 AM, "Link W. Schrader" wrote:
> Kirk,
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> A client can change counsel whenever the client likes. I would inform prior counsel that I was going to file the substitution of attorney on a date certain and if the prior counsel did not sign the form I would write e is, or leave it blank. I would attach a proof of service and mail a copy to prior counsel. See LBR 2091-1(b) and you will note that the signature of prior counsel is not required.
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> If you need sample 329 motions I have a couple Id be happy to share.
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> Best Regards,
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> Link Schrader, Attorney
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Kirk Brennan
> Sent: Thursday, August 23, 2012 10:04 AM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] substitution of attorney
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> I thought about that, but I can't file the motion if I don't represent the debtor yet.
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> LBR 2091-1 (ATTORNEYS WITHDRAWAL, SUBSTITUTION, AND CHANGE OF
> ADDRESS) does not seem to answer my question unfortunately.
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> On Thu, Aug 23, 2012 at 9:56 AM, Steven B. Lever wrote:
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> A motion to disgorge fees might get his attention.
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> Steven B. Lever
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Kirk Brennan
> Sent: Thursday, August 23, 2012 9:59 AM
> To: Cdcbaa Yahoo Listserv
> Subject: [cdcbaa] substitution of attorney
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> PC meets me at my office and says he wants to substitute bk attorneys. I look up his case on PACER and determine that his current attorney has not filed basic required forms. I print out a substitution of attorney form which both I and the PC sign. I call the other attorney and explain that PC wants to substitute attorneys and will he sign the substitution of attorney form. I email him the form. Several days later he still has not signed the form and is not responding to my emails.
> Can the substitution form be filed without the old attorneys signature?
> Any other suggestions?
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
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> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
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> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
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Just file it without a sig from old lawyer. Judge will recognize you as lawyer. Any time you appear for the debtor you are in the case. Sent from my iPhoneOn Aug 23, 2012, at 10:26 AM, "Link W. Schrader" <lschrader@schrader-law.com> wrote:
A client can change counsel whenever the client likes. I would inform prior counsel that I was going to file the substitution of attorney on a date certain and if the prior counsel did not sign the form I would write signature requested, refused to signproof of service and mail a copy to prior counsel. See LBR 2091-1(b) and you will note that the signature of prior counsel is not required. If you need sample 329 motions I have a couple Id be happy to share. Best Regards,
The post was migrated from Yahoo.