Westborough, MA asked in Divorce for Massachusetts

Q: Terminated my attorney to proceed w/out rep. in a divorce case. Am I required to notify the other lawyer of this?

I’m the plantiff in a divorce case that is currently awaiting a pre-trial conference, which is scheduled in September. I’ve recently made the necessary decision to terminate my attorney. My attorney was officially notified today. I will not be retaining another lawyer. Aside from possibly seeking out legal aid outlets for advice/assistance, I plan on representing myself moving ahead. However, I am trying to determine if it is my responsibility to notify the defendants attorney of this matter, or if and how I’m required to officially notify the court.

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2 Lawyer Answers
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Your attorney would need the Court's permission to withdraw from your representation via Motion hearing unless you have a new attorney file his or her appearance in your case.

Anthony C. Adamopoulos agrees with this answer

Anthony C. Adamopoulos
Anthony C. Adamopoulos
Answered
  • Topsfield
  • Licensed in Massachusetts

A: Your question:I am trying to determine if it is my responsibility to notify the defendants attorney of this matter, or if and how I’m required to officially notify the court.

Let's go in the order the judge will require. You cannot, on your own, "terminate" your lawyer once a case is in litigation. You must ask permission of the court to do so. This is done by filing a motion to discharge attorney and getting a hearing date for the motion under the procedure in effect in your particular court. Warning, the judge may deny your motion because the PreTrial is in September.

As to notice to defendant's attorney. EVERY communication, of any kind, to the court requires a copy to the other side's attorney.

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