Legal Question in Consumer Law in California
I have a case as plaintiff in US District Court where I just severed relationship with my attorney. I believe I need to let the Court know that I am now self-represented as Pro Per. And/if I ever choose to find another attorney.
If someone can assist, my question is as to what form or document I must file with the District Court to update the court on the status of my self-representation?
Additionally, am I also required to inform the defendant's attorney with mailed proof of service of the filing of this filed form or document, or can I simply call the defendant's attorney to inform them I am now Pro Per?
Thank you very much.
2 Answers from Attorneys
The form you would use is called a "substitution of attorney." Your old attorney has to sign it. Normally your new attorney would sub-in, if you go pro per (good luck with that) you would substitute yourself in as your own attorney. Look on the district court web site under "forms." You would attach a declaration of service and have a person over the age of 18 and who is not a party to the case mail it to the defendant's attorney pursuant to Cal. Code of Civil Procedure � 1013(a). Avoid calling the defendant's attorney while you are in pro per. You will be made to testify about each conversation, and they may lie or exaggerate about what they claim you said on the phone. This is one reason why people who need to win their federal lawsuits use attorneys.
Mr. Stone's advice would be correct if you were in California State Court. Los federales do things a little differently. In fact some U.S. District Courts do not allow pro se litigants at all. Fortunately for you the Central District is a little more "user friendly." They have a Pro Se Clinic. If you are positive you want to fire your attorney and absolutly positive you do not want to hire another one (and I should warn you I have never in almost 25 years of practice seen a pro se litigant win against an attorney on the other side) then I strongly recommend you start off by visiting the Pro Se Clinic right away. They will walk you through the process.
Related Questions & Answers
-
If I write to my creditor to tell them that my debt expired 3 years ago under... Asked 10/20/10, 9:40 pm in United States California Consumer Law
-
I recently bought a car in January a 2006 scion tc. When I bought the car i knew it... Asked 10/19/10, 11:42 pm in United States California Consumer Law
-
I was stopped by 2 men stating they were security at a department store I had just... Asked 10/15/10, 11:49 pm in United States California Consumer Law
-
I received a gift of mascara from an esthetician's class. After checking the... Asked 10/14/10, 3:03 pm in United States California Consumer Law
-
Hello, Is it possible to clear your record if you you got put into the criminal... Asked 10/12/10, 10:57 am in United States California Consumer Law