Martinez, CA asked in Divorce and Family Law for California

Q: Getting nowhere with CMC/MSC hearings, to save money can I represent myself at the next one and push for a trial date?

So this simple divorce case has taken way too long (2 years) and cost me way too much money. OC has been stalling, 2 no shows at CMC, arguing little things and changing mind about other petty things. In an effort to prepare my resources for a speedy trial I'd like to stop wasting money with my existing attorney who has been underwhelming to say the least. Then attend the upcoming 5th CMC/MSC meeting myself and request a trial date. Then consult and find an new attorney to prepare with and that I'm confident that will get the job done in a timely manner?

I'd like to attend this MSC just myself with no representation and push for trial date. Do i or should i at least hire a paralegal to be there with me for questions and answers during and after? appreciate your thoughts and expertise. @@!

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3 Lawyer Answers

A: You can certainly dismiss your current attorney and then hire a new one when you wish. It is unlikely to save you money. The new attorney will undoubtedly charge you to get up to speed. This will likely cost much more than what you save in representing yourself during the interim. There's a chance the new attorney will need to correct some mistakes. There's also a chance you may not find an attorney to step in.

A: You certainly can do that but the court might not set a trial date until it is ready for trial. Discovery cuts off at a certain point before trial. As much as you want to rush things you have to decide if everything is ready to go. You will also be required to be held to the same level as an attorney in your dealings with the court. To save money you could hire attorneys on a limited scope basis to deal with certain issues.

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Answered

A: While representing yourself at a CMC/MSC hearing is legally possible, it's quite risky, especially given the complex nature of your case and the opposing counsel's apparent pattern of delays and strategic maneuvering. Your frustration with the current attorney and the mounting costs is understandable, but attending such an important hearing without representation could potentially put you at a disadvantage.

Having a paralegal present might help with procedural questions, but they cannot provide legal advice or argue on your behalf during the hearing. Before making this decision, consider consulting with a new attorney first - they might be able to review your case file and suggest more effective strategies to move things forward, possibly even taking over representation before the upcoming hearing.

If cost is the main concern, you could explore alternative fee arrangements with potential new attorneys, or ask about limited-scope representation where they handle only the most critical aspects of your case. Remember that family law judges often expect parties to follow specific procedures and protocols - missing these due to lack of legal representation could lead to further delays or complications in getting your trial date set.

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