Q: Possible Impaired Attorney Late on Filing Motion
There is a Motion due tomorrow for which the attorney has already had one extension. I don't think he can get another. The work product was supposed to be sent to me last week but I have only received a lot of excuses. He promised today and now has missed that promise. If he, in fact, does complete the filing on time I have reason to believe it may not be done correctly or be incomplete.
I see three options: 1) Notice the court I am terminating the attorney for cause and file with the court prior to the filing date deadline. 2) Allow him to file a possibly deficient pleading and then terminate for cause and hope the court will allow me to hire a new attorney who can then correct the pleading 3) Try to file the motion myself. I am not an attorney but have written motions before and can get the thrust of the argument across, but without the number of cites which might be possible. In any of these options, should I notice the court of the situation?
A: As the client, you have the absolute right to discharge your current attorney and retain new counsel. Based on the concerns you describe, it would be best for you to immediately start searching for a new attorney while advising your current attorney you no longer want them to represent your interests. Your attorney will then file a motion with the Court to withdraw and you will be granted time to find new counsel who would then appear on your behalf and represent your interests. I do not know the status of the case and the type of filing you are describing, but prompt action will protect your interests. Unless the matter involves small claims, it is always best to have attorney representation rather than representing yourself.
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