Q: My attorneys are in possession of responsive documents to defendant RFPs and have not provided my production.
I am the plaintiff in a fraud case against a bank and other defendants. Defendants have justifiably submitted RFPs. Case began in 2017. My computers, phone and ipad were imaged to retain document integrity. My first law firm procrastinated providing any of my documents, emails, contracts and other appropriate discovery, etc. against my explicit and numerous urging and complaints. I was forced to terminate their representation in September 2019 with justification. My new firm has had the case since September 2019 and were delivered all the hard drives and documents from the previous attorney, but they have not complied with the outstanding RFPs either and recently a motion to compel my discovery has been filed (justifiably, IMO). It has been three + years and my files and litigation support for my complaint has been available for production with my wholehearted encouragement. Covid 19 may be an excuse of sorts, but now the judge and the defendant's attorneys see me as weak. What to do?
If your documents are on a hard drive it is likely there are alot of documents. Your attorney has to review and possibly redact information from your documents which would take considerable time. I do not know if your attorney has filed an objection to any of the documents requested since there may be information in the documents that your attorney would not want on the public records of in the hands of the opposing party for numerous reasons. This is something you should discuss with your attorney and make sure your attorney has the staff to handle the amount of documents you have.
For future reference this is not a real estate question it is a civil litigation question.
A: First ask your current firm what the issue is with the delay. I suggest you do that in writing. They may or may not have some strategic reason to hold back on production - though if they do, objections should be filed. Perhaps they did file objections. If, for some reason, you are not satisfied with their explanation, you have the option of consulting another attorney, which would probably cost at least a few hundred dollars in consultation fees due to the review that would be necessary.
Bruce Alexander Minnick agrees with this answer
A: One possible solution is (1) to consider terminating your current lawyer and then (2) notify the court that you now represent yourself. and then (3) provide the other side with a zillion documents in response to to their RFP, and then (4) find another lawyer willing to take up the pro se case from there. (Hint: I would find such a lawyer BEFORE trying this strategic solution--because you might not be able to find one later.)
Charles M. Baron agrees with this answer
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