QUESTION
Can I file request for judgement myself for my divorce even though I was represented by the lawyer?
Asked on Sep 21st, 2012 on Divorce - Colorado
More details to this question:
I am in desperate need. My lawyer ignores my calls and just found out that he was even lying to me. I need different lawyer. He never provided me the papers I requested. The most important one is the proof of delivery. I even paid extra to have paper served to my wife who lives in Philippines. She does not have American citizenship or visa. The case opened in January, and now it is entered for default. During the last meeting three weeks ago, my lawyer told me he has put request for judgement. I have been calling the court every other day to see if it is final yet. Then discovered that request for judgement is not there. He lied to me. Do I use my address as her current address since that is what my lawyer used in other forms? My lawyer used my address as her address because he said it would expedite the divorce process. I do not know but that time I did not question him because I thought he would know what he was doing. I later discovered he is not professional and not trustworthy. My lawyer is awful and deceitful and I want to fire him. I do not trust him that he would help me anymore. The problem is because I do not have all the paperwork, I do not know if taking over the case may cause delay of the final. Now I had horrible experience with the lawyer, I honestly cannot trust any lawyer would help my case. Someone please advice.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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See another attorney for a second opinion.
Answered on Sep 27th, 2012 at 1:22 AM
Michael Paul Vollandt
You can send him a substitution of attorney to him to sign and you can file it with the court and then either get another lawyer to complete your case In Pro Per.
Answered on Sep 24th, 2012 at 5:44 PM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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You can check on all activity and the status of your Missouri case by going to: https://www.courts.mo.gov/casenet/base/welcome.do Enter your information and pull up your case. You can terminate your attorney's representation at any time. Do so in writing to the attorney, and deliver a copy to the court. This may at least get your lawyer's attention so that they will contact you to see what they can do to resolve your concerns. It may just be a lack of communication that can be overcome with some direct contact with your attorney. If your wife was properly served, then the case may indeed be cued-up for a simple default hearing. In other words, it sounds as if you may be very close to finalizing the divorce. If you are not able to work with your present attorney, I hope you consult with an experienced family law attorney in your area that will relieve your stress and finish up your divorce in a cost-effective, timely and professional manner.
Answered on Sep 24th, 2012 at 5:43 PM
If you have never had your lawyer sign a substitution of attorney, the court will not accept documents from you representing yourself. Take a substitution of attorney form to your lawyer's office and have it signed. Get that filed with the court and then submit your judgment .
Answered on Sep 24th, 2012 at 5:42 PM
Tamara Marie Chin
The answer is yes.
Answered on Sep 24th, 2012 at 5:42 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It sounds like you need a new l awyer.
Answered on Sep 24th, 2012 at 5:42 PM
You can relieve your attorney at any time and proceed on your own. In spite of your bad experience, you should consult with a family law attorney to advise you on how to complete the process. Ask family, friends or a referral service for assistance in finding someone in whom you can have confidence.
Answered on Sep 24th, 2012 at 5:41 PM
Leonard A. Kaanta
The answer is no.
Answered on Sep 24th, 2012 at 5:40 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is not a question that most lawyers would choose to answer. You need to be patient with your own attorney. We are lucky to get contested cases completed in less than a year.
Answered on Sep 24th, 2012 at 5:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Fire your current attorney and hire a better one. Discuss you previous representation with your new counsel, the new attorney might ask to have your fees returned, or that you file a grievance with the Bar Association. As for the case itself, the file with the court should be reviewed to determine what the hang up is.
Answered on Sep 24th, 2012 at 5:39 PM
Dennis P. Mikko
You have the right to hire a new attorney and have the new attorney substiute for your present attorney. The court will not allow you to represent yourself as long as you are represented by an attorney.
Answered on Sep 24th, 2012 at 5:38 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can fire your current lawyer and either hire someone else or learn enough to act as your own lawyer. This forum is not suitable to teaching you how to act as your own lawyer and the situation you describe would appear too complex to try and handle by yourself. Your lawyer has certain ethical obligations and it sounds like there may be some questions about whether he complying those obligations. A new lawyer should be able to better advise you about what to do.
Answered on Sep 24th, 2012 at 5:36 PM