Q: Hi, my attorney just filed a motion to withdraw due to the concerns I expressed about
how they've been handling the case. This has happened less than 1 week before scheduled mediation and 1 week before discovery documents from opposing counsel are due (I'm gathering these documents now). While I attempt to hire another attorney, should I file anything with the court to ask for more time and cancel the mediation, or should I try representing myself for the next week? I feel as though we're near the end of things.
A:
If you are not comfortable going to mediation on your own, you can try and file an expedited motion to continue mediation and try and get it set for hearing immediately. Make sure that once you file the motion you contact the judicial assistant for the judge and make sure to follow their procedures for expedited motions. Remember that when you file motions with the Court the judge will not know about it unless you bring it to their attention as they do not monitor the dockets. Again review their procedures when you file the motion.
If you feel comfortable going to the mediation on your own, you can try and do that. Mediation is just a another way of saying settlement conference so nothing is going to happen at mediation unless you agree to it. If you would prefer to have an attorney review any terms and dont want to sign anything on your own, just go to the mediation, see how far you guys can get with settlement, and dont sign anything until you have had an opportunity to hire an attorney to assist you.
As for the discovery issue, if you have discovery that is due and you are coming up on the deadline, reach out to opposing counsel first and see if they would be willing to provide you an extension. If they are not willing to work with you file a motion to extend the deadline but make sure to file the motion before the deadline is up.
If you are seeking representation in your case please reach out to our office and schedule a telephone conference to discuss your case. We have been practicing in the area of family law for over 14 years.
Thank you and have a great weekend.
Terrence H Thorgaard agrees with this answer
1 user found this answer helpful
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