QUESTION
What happens if my attorney refuses to represent for 2 months now and refuses to file a motion to withdraw?
Asked on Aug 11th, 2015 on Personal Injury - Michigan
More details to this question:
My current attorney refuses to represent me, I owe him no money and he refuses to file a motion to withdraw. He has been demanding sex, wanting me to take him out and spend money on him and refused to show up at a motion so the judge wouldn't here it. The clerk called him and he flat out admitted he was the attorney still on file and he just wasn't coming to the motion. He just wants to punish me and for me not to see my kids because I didn't go along with dating him and his unethical favors. I contacted the Grievance commission but it takes months to investigate. In the meantime I am stuck without seeing my kids. At this point I just want to represent myself because I trust no attorneys now. I want to tell the judge what he has done but he won't file the motion because he doesn't want me to tell her. What can I do?
5 ANSWERS
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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The attorney works for you, you can fire your attorney any time that you want to. You can file the motion yourself, or hire another attorney to represent you to file the motion and continue with you on your case.
Answered on Sep 03rd, 2015 at 3:14 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Fire your attorney by sending him a letter telling him you no longer want him to represent you. Send a copy to the court. Hire new counsel and have them file an Appearance as your counsel and/or file an Appearance indicating you will represent yourself. You can then either see what the court will do with that Appearance or your new counsel/you (if representing yourself) can file a Motion with the court to allow discharge of your prior counsel and to correct the file to reflect that your old counsel has been discharged and that your new counsel/or you are now the attorney of record. Know that a court functions by the MI Court Rules, rules of civil procedure and Rules of Evidence, so in representing yourself, you will be "charged" with knowing and understanding those rules and correctly proceeding/filing pleading - so you may want to rethink not obtaining legal counsel?
Answered on Sep 03rd, 2015 at 3:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Engage a proper attorney, receive proper advise and representation and bring all ethical actions against him for his improper activities. He is an aberration, not the rule.
Answered on Sep 03rd, 2015 at 3:14 PM
Ronald A. Steinberg
Go to another lawyer. The one you have needs to be disbarred. Another lawyer can file a motion to ask the judge to let him substitute for your current lawyer, and to seek costs from that lawyer.
Answered on Sep 03rd, 2015 at 3:14 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Get a new attorney. Period.
Answered on Sep 03rd, 2015 at 3:14 PM