Q: Should I request a pre-trial hearing if I want to reach settlement?
I am proceeding pro se in a court case currently in Florida. I am working with a high ranking attorney from the defendants' law firm. The attorney has been fairly collegial and I believe wants to resolve the case, possibly by settling. In our case management exchanges, we agreed that no pre-trial hearing was necessary and that we could reach agreement without the Court. However, the defendants are obstructing the process through extraordinary means and will likely seek to destroy or alter discoverable information. I think I should request the pre-trial hearing to discuss this collusion and these actions objectively with the Court. I trust the integrity of the lawyer, but not the clients.
Given our prior agreement and the possibility of resolution by settlement, should I request the pre-trial hearing? Would I risk insulting the attorney by insinuating that I would rather go to trial by virtue of the request?
A:
Honestly. It is hard to say without knowing a ton more facts and details. You, acting as your own lawyer, is in the best position to determine the answer to your own question.
The practice of law has many facets. Judging people and character is one. Navigation in and through people and their personalities is another. I think you have the information you need and you need to trust your own instincts on the subject.
Normally I would recommend you get a lawyer. Since you are acting as your own lawyer then follow your on thoughts on the issue.
A:
You should see if an attorney will take your case. You want to swim with the sharks--prepare to be eaten. Look for a member of the Fla Justice Assn--they give free consultations.
The defense attorney isn't being an idiot. He knows you get more with sugar than vinegar (a fact lost on many defense counsel) but at the end of the day he is there man, and there's a difference between working it out and being worried they are destroying evidence.
I think you may be in over your head, so before you are high and dry at least get a consult with a lawyer.
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