Legal Question in Family Law in Massachusetts
filing pro sec after trial date has been set
My divorce trial date has been set and is about 4 weeks away. I have some serious doubts as to my attorneys ethics as well as her representations of me thus far. I told her I was filing pro sec and siting financial reasons & I filed such with the clerk. Opposing counsel told me he will oppose this and the clerk told me he believes the judge will as well. I do not want my atty on this case - I do not trust her. How can I have my atty removed from the case and request more time to prepare to rep myself? I realize I will prob have to file a motion with the court and have my atty, opposing atty and myself at a hearing and most likely I will have to list the reasons I want other representation. If I cannot afford or find another atty to take this on, I will have to be pro sec and i have only 3 weeks to prepare.
1 Answer from Attorneys
Re: filing pro sec after trial date has been set
Your husband's attorney will oppose the withdrawal and any delay, because he wants to go to trial.
Your argument for replacement is that you and your attorney have a fundamental disagreement as to strategy and the facts.
Your best bet is to find an attorney to represent you. Aparently, there is a substantial disagreement between the parties as to settlement, which is the only reason for going to trial, as opposed to having a hearing to confirm the separation agreement.
If you want to dismiss your attorney and delay trial and act pro se, I suggest you file a Motion to do same as soon as possible.
I would also recommend you contact another attorney to represent you, if you can't really work things out with your current counsel.
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