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It is very difficult to have someone determined to be incompetent. It requires a court proceeding where the court will appoint an attorney to represent your interest if you cannot afford one. If you have doctors attesting that your depression is under control, it is unlikely they would be successful. I do suggest you stop being passive and take the offensive. File a complaint about the performance of the attorney with the Bar Association. Send a letter to the attorney telling him he is fired effectively immediately and inform the judge that you have fired the attorney and filed a complaint with the Bar association and the attorney has no authority to speak for you in any respect.
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Your response to me is very good and I have no problem rating you with the best rating. I just need to confirm the course of action with you. I have sent the atty a nice letter stating that I thank him for his services and that I am going pro se. I have filed a pro se appearance form already. If I file with the judge that he is fired and that I am filing a complaint with the bar, what would be the title of that document. The atty is insisting that I have to go before the judge with him and that he will tell them I am unfit. Would the document filed with the court stating his firing and going to the bar be enough to bar the atty from the apperance before the judge which he claims is mandatory to fire him?
You should refuse to appear with the attorney. File the complaint with the Bar reciting that he has not worked for your benefit and will falsely claim that you are incompetent even though your medical doctors will testify that you are competent. Write a letter to the judge informing him of the action you have taken and that this attorney is not authorized to speak in your behalf in any regard. It is not mandatory to have the attorney appear with you to fire him. I would explain to the judge that you tried to do the firing in an inoffensive manner but you refuse to be threatened or intimidated by your attorney or anyone for whose interest he is working. That will raise the conflict of interest issue without you going into detail. If you have any more questions let me know.
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