Legal Question in Wills and Trusts in New Mexico

Lawyer resignation

The lawyer that my brother and I were using had to resign from our probate case. His letter states that we have 20 days to substitute counsel or we will be deemed by the court to be ''pro se''. Does that mean that if we don't hire an attorney within that 20 day period that we can never hire another attorney to represent us? If we can hire another attorney and it's outside the 20 day window, do we then have to notify the court? I'm a little confused about this.


Asked on 9/15/08, 10:41 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Lawyer resignation

It means that if you do not obtain substitute counsel within 20 days you will be representing yourselves. You are free to hire substitute counsel at any time, even after the 20 day period has expired. However, during the period between 20 days and a new lawyer you will need to personally respond to whatever court proceedings occur. Your new lawyer, if you hire one, will notify the court by filing an 'entry of appearance' and you need do nothing further. S/he will take care of things from there.

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Answered on 9/16/08, 10:42 am


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