Please help with removal of attorney from record expeditiously

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needsolution

Registered Users (C)
Please help with removal of attorney from record expeditiously

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I have a problem with my attorney. He is a pain and does not file the motions I want him to file on time. He is always busy taking in other cases. Since he has been paid in full and upfront, he does not care about my case. I want to file a motion "for production of defendants records." I prepared it by myself now, but since he is the attorney of record, the court clerk told me that the attorney has to withdraw himself from my case before I can file this motion pro se. Knowing him, this could take several months for him to do and then it would be too late for me to file this motion. Does anyone know a quick procedural way for me notifying the court that does not require his signature, that he is no longer my attorney and so I can file this motion pro se, right away.

Can I, by myself, file a motion and ask the court to withdraw the attorney of record from my case without having my attorney's signature on it?
 
How do you remove your attorney from your case so you can proceed Pro se?

I have a problem with my attorney. Since he has been paid in full and upfront, he does not care about my case. Does anyone know a quick procedural way for me notifying the court that, that he is no longer my attorney (without having his signature on it) so I can proceed pro se in my case. If I wait for him to file a a withdrawal, it could take months and the judge could make a ruling on my case by then.

Can I, by myself, file a motion and ask the court to withdraw the attorney of record from my case without having my attorney's signature on it?
 
Yes you can

AFAIK, you have the right. Post at freeadvice.com or expertlaw.com for a faster answer.
 
needsolution said:
I have a problem with my attorney. Since he has been paid in full and upfront, he does not care about my case. Does anyone know a quick procedural way for me notifying the court that, that he is no longer my attorney (without having his signature on it) so I can proceed pro se in my case. If I wait for him to file a a withdrawal, it could take months and the judge could make a ruling on my case by then.

Can I, by myself, file a motion and ask the court to withdraw the attorney of record from my case without having my attorney's signature on it?
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Hav you talked to the court clerk ? They may tell you of any process anything in the local rules
 
Court Clerk

needsolution said:
Please help with removal of attorney from record expeditiously

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I have a problem with my attorney. He is a pain and does not file the motions I want him to file on time. He is always busy taking in other cases. Since he has been paid in full and upfront, he does not care about my case. I want to file a motion "for production of defendants records." I prepared it by myself now, but since he is the attorney of record, the court clerk told me that the attorney has to withdraw himself from my case before I can file this motion pro se. Knowing him, this could take several months for him to do and then it would be too late for me to file this motion. Does anyone know a quick procedural way for me notifying the court that does not require his signature, that he is no longer my attorney and so I can file this motion pro se, right away.


Needsolution,

First of all, sorry about the manner in which your lawyer is treating your case. It seems as if there is an oasis of douche bag lawyers handling people's cases, which in most instance have a bearing on their future.

[B]Lesson for you:Next time you hire a lawyer, when you sign a retainer, ask for a payment plan and the time frame in which you are suppose to finish paying him. Also, build phases and benchmarks into your contract with your lawyer, so that you can be in an equal position. It is not easy, you have to be a tough negotiator and hard-nosed when dealing with lawyers. :cool: [/B]
On a related matter, the court clerk's advise is true and accurate. A notice of appearance by an attorney on behalf of a client is a done deal with the Court, and ONLY that attorney CAN withdraw his appearance on behalf of a client. Unfortunately, YOU cannot file a MOTION for yourself, BECAUSE you are NOW represented by COUNSEL. :rolleyes:

MOST IMPORTANTLY, there is no way of getting around this. You cannot file a motion to withdraw your attorney's appearance. So, what you need to to, call your attorney, actually don't call, make an appt and tell him that you feel that your case is not being treated fairly. It is important you have a clearly established timeline of your case, so that you can make an impression on him, in the sense that you are organized. Moreover, this gives you another tool, should you get another attorney, then you can write a letter of complaint to the bar where your atty is registered to practice. Lastly, the canon of juducial conduct dictates and requires of all attorneys, to treat all of their clients with dignity, respect and fairness. It appears as if your lawyer is not holding his end of the bargain in contravention of his oath of office. :o
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a quick comment. Fax a letter stating what are the actions you expect the attorney is supposed to do. Give a timeline for the execution of the actions.
If he or she responds, ask him to give a written resonse. Another way is send an email. Contact better business buereau and explain the situation. They should be able to advise you.



Note:
I am not a lawyer. Please consult another lawyer for legal advice.
 
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