Legal Question in Family Law in Florida
How do I remove a lawyer from my court records in Miami-Dade County, Florida--so that I can use the self help services & file paperwork myself in family court. I had a lawyer to begin working with me (to add my son to child support & visitation). We were trying to reach an agreement through mediation outside of court. However, he's a poor lawyer; so I fired him & told him I'd rather just represent myself & files paperwork through Family Court. Nothing was ever filed during the short time I worked with him, but he is listed in the court system as my attorney. He had me sign paperwork (Consent to Withdraw) & he filed it to the court (the court gave me a copy of it today). The clerk said that he also has to file something else that goes to the courthouse for the judge to sign off on (to remove him as my lawyer in the system). I called the attorney's office & was told that the only way for them to file this paperwork to the judge to withdraw himself was if there was a case number that he was assigned to (to withdraw himself from) -or- if I got another lawyer & the new lawyer filed as my new representative. So, I'm stuck in the middle & trying to verify this. The previous lawyer never worked long enough for me to file anything with the court so there's no case number he's assigned to--but I also do not want to get a new lawyer because I have decided to represent myself through self-help. Is it true that there has to be a case number to remove a lawyer from the system? Does the judge have to approve the removal of a lawyer (privately paid, not court appointed) even when the lawyer has not actually done any work or filed anything on my behalf? How can I get this lawyer removed from the system without getting a new lawyer? Please help as this is holding me up from filing my petition. (The court said I can't file any petitions because I still have a representative in the system. Thanks a bunch...
2 Answers from Attorneys
You do need a case number and obviously if he filed a withdrawal then there is a case number on the books. Go to the courthouse and argue with them until you get results. They have a "family services" division that can assist you.
The attorney has to get the necessary paperwork done.
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