Legal Question in Family Law in Massachusetts
how do i release my atty from my case
I can no longer afford an atty to represent me and have exhausted all means of loans. I am out of state and the divorce is in MA. I am paid to date with my atty but do not want to incur any more costs - thus my need to represent myself. How do I submit this to the court - since I cannot be there in person to do so?
3 Answers from Attorneys
Re: how do i release my atty from my case
You will need to ask your attorney to file a Motion to Withdraw. Ask him to do it voluntarily since you cannot afford him anymore.
Re: how do i release my atty from my case
Your lawyer will know what to do.
Re: how do i release my atty from my case
Your lawyer can not withdraw unless he or she is given court permission. That being said, permission will be granted in most cases.
Most lawyers are willing to keep on working for a payment plan.
You must be present for the trial of your divorce, or the only evidence will be that of your spouse. This cannot be good for you.
You can also seek to come to an agreement, and then ask the court to excuse your presence at the hearing for allowance. Your lawyer will have to be present to help you do this, as the judge needs some reason to believe in the bona fide of your agreement.
In the alternative, a judge might have a probation officer call you and get you on the phone if you enter an agreement.
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