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.
§ 286.Death or removal of attorney
Title 5. Persons Specially Invested With Ministerial Powers Relating to Courts of Justice · Chapter 1. Attorneys and Counselors at Law · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 286 requires the adverse party to give written notice, once a party’s attorney has died, been removed or suspended, or otherwise ceased to act, requiring that party to appoint a new attorney or appear in person before further proceedings can be taken against them.
Full Text of § 286
Plain-English Summary
§ 286 covers what happens when a party’s attorney is suddenly gone — through death, removal, suspension, or ceasing to act altogether. The case does not grind to a halt, but it does not barrel ahead either.
Before the adverse party can take any further steps against that party, the adverse party must give written notice requiring the now-unrepresented party to appoint a new attorney or appear in person. That notice requirement protects a party from default or disadvantage while still unaware that their representation has lapsed.
Frequently Asked Questions
What happens if my opposing party’s attorney dies during the lawsuit?
§ 286 requires you to give written notice requiring that party to appoint a new attorney or appear in person before you can take further proceedings against them.
Does § 286 apply if an attorney is suspended from practice mid-case?
Yes. § 286 covers an attorney’s death, removal, or suspension, as well as ceasing to act altogether, and requires the same written-notice step in each case.
Amendment History
Enacted 1872. Repealed and re-enacted Code Amdts 1880 ch 35 § 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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