Legal Question in Family Law in Ohio
Firing Counsel during a Trial
I am in a long and costly custody battle with my ex wife of two years. The terms of the divorce, custody and child support have been settled for over two years.
We had decided upon joint custody. Since this arrangement has been unsuccessful, we are going back to court. I am unhappy with my attorney and have fired her. The Magistrate in the case stated that I can not do this since we are in the middle of a trial. I must either keep my current lawyer or represent myself.
Is this correct that I can not fire my attorney? Why should I be forced to keep a counselor that I am unhappy with? Why can she postpone the trial (she recently had a baby) yet I can not seek alternate counsel?
1 Answer from Attorneys
Re: Firing Counsel during a Trial
The magistrate has the discretion to allow your counsel to withdraw or not. He or she is trying to avoid committing any kind of error in the proceeding through you having a lack of counsel.