Gage v. Atwater

HARRISON, J.

The above-named appellant appeared as the attorney of record for W. E. Atwater and Gratia H. Atwater, his wife, who were defendants in the above action of ejectment herein brought against them by the above-named Matthew Gage, and filed an answer in their behalf, and conducted their defense upon the trial of the cause. The court rendered its decision in the action June 29, 1899, and judgment thereon was entered in favor of the plaintiff July 17th. July 6, 1899, the defendants Atwater gave to the appellant notice that they would apply to the superior court upon a

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day therein named for an order substituting C. L. McFarland as their attorney in said action in his place and stead. After hearing the motion, the court granted the same, and an order substituting said McFarland for the appellant as the attorney for said defendants in the action was entered August 4, 1899. From this order the present appeal has been taken.

Section 284 of the Code of Civil Procedure declares: “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: ... 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.”

Whatever may have been the rule in other jurisdictions, the rule must be considered as settled in this state, under the above provision of the code, that in the absence of any relation of the attorney to the subject-matter of the action, other than that arising from his employment, the client has the absolute right to change his attorney at any stage in the action. The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the' right to employ such attorney as will in his opinion best sub-serve his interest. The relation between them is such that the client is justified in seeking to dissolve that relation whenever he ceases to have absolute confidence in either the integrity or the judgment or the capacity of the attorney.

(People

v.

Norton,

16 Cal. 436;