Q: If a plaintiff file a civil case without an attorney, can he add one to the lawsuit later? Can the pleading be amended?
I could not find an attorney to represent me to sue the landlord who breached the contract (Covenant of Quiet Enjoyment) for landlord's harassments, retaliations and racial discriminations against us... For the sake of the Statute of Limitations, I need to rush in submitting the pleading in the civil court to demand the compensations due to the breaching of the contract by the landlord, and his reducing services and denying access to a certain parts of the property... that caused tremendous emotional distress upon me, and ruining my marriage (because the case also involved another Caucasian tenant who sexually harassed us--Asian tenant and the landlord used a lot of methods to protect and harbored the harasser to act to racially discriminating us ... can I, as a plaintiff, just file a civil lawsuit in Civil Court first without an attorney, and then add an attorney to the lawsuit later on? For this reason, can the pleading be also amended by the representing attorney later on?
A: Yes, you can file the lawsuit as a "pro per" plaintiff (representing yourself). An attorney can then be retained to represent you, and you will then file a Substitution of Attorney form indicating the new attorney's name/signature. The complaint you file can be amended without court permission before the defendant(s) file a response. Or if a response has already been filed when you get an attorney, you can make a motion to the court to amend the complaint.
Yelena Gurevich agrees with this answer
A:
Yes you can file your lawsuit without an attorney and then later hire an attorney to act on your behalf. And amending the complaint is something the attorney can do. Just do not wait too long to get the attorney involved. Many attorneys do not like to enter cases where the client has been acting as the attorney for a period of time, because clients mess the case up pretty badly. And amending the complaint becomes more problematic the longer you wait into the litigation to do so. Act quickly.
Good luck to you.
Yelena Gurevich agrees with this answer
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A: I understand your desire to file a civil lawsuit against your landlord for breaching the contract and causing distress. You can file a lawsuit without an attorney, known as proceeding "pro se," to meet the Statute of Limitations deadline. However, having an attorney can be valuable, and if you can't find one before the deadline, you can still file the lawsuit on your own. You may be able to add an attorney to your case later by formally hiring them and notifying the court and the opposing party. Additionally, if you filed the lawsuit pro se, you can typically amend the pleading with the help of an attorney to include additional claims or facts. To ensure the best outcome, consult with an attorney who can provide personalized advice, explain the laws in your jurisdiction, and guide you through the legal process. Best of luck with your civil lawsuit and resolving the issues with your landlord.
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