Legal Question in Civil Litigation in Florida

Lawyer has been working my 5 year federal lawsuit on contingency. Defendant files motion for SJ purely based on legal argument w no case law that should be defeated in a detailed answer cross motion full of case law & challenges that claims are false.

My lawyer contacts me & wants to drop case. Feeling confident that I can actually handle the case myself predicated on expertise on the issues (Pass. Transportation) I have no problem. Lawyer files motion to withdraw under claim I let him go. Judge denies the motion because lawyer failed to follow rules of withdrawing. He didn't notify me & I found out only checking the status on PACER.

The filing deadline to answer the motion for SJ has passed.

Can I submit a Motion For Relief laying out the whole scenario & ask the Judge to grant me pro se' & some time to file an answer? What other options do I have?


Asked on 9/04/09, 6:42 pm

3 Answers from Attorneys
Gordon Fenderson Fenderson Law Firm

Yes, you can file for an extension. Dont forget to follow any local rules that may apply, like confering with defense counsel etc.

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Answered on 9/04/09, 7:09 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Sure. Make it a joint motion to permit the lawyer to withdraw so the judge knows that is what you want. Good luck.

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Answered on 9/06/09, 6:56 pm
Sarah Grosse Sarah Grosse, Esquire

OMG. Yes, you can pursue this yourself. File the joint motion for substitute counsel (now pro se) and motion for extention of time to answer. Be sure all files (not scrubbed) are sent to you from your fired attorney -- you have to pay his/her bill first before they will send you the good files. If you receive some folders with nothing much in them, file a Bar complaint against the responsible attorney. Read everything - every scrap of paper and every sticky note - in the files when you receive them.

How in the world did you have an attorney for 5 years and then suddenly want to take the case yourself? Perhaps hire a different attorney? No?

I wish you the best of luck. Email me if I can help.

Kind regards.

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Answered on 9/08/09, 10:27 am


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