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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8655
Experience:  30 years of corporate, litigation and international law
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Customer Question

I have a crazy situation. I fired my attorney because he was not working in my interest, preparing motions that he would then argue the opposite position (against me). He also violated attorney/client confidentiality, failed to issue appropriate subpoenas or get a financial affidavit from my ex. etc. etc. I retained him for six months. He is a personal friend of my father. My father has a conflict of interest between me and my ex. which is too long to explain. Here is the thing: instead of letting me go as a client in order to go pro se which was based upon cost (father said he would pay and then reneged) and his poor performance, he is kicking up a shit storm with me. I am Bipolar. I also have had my children kept away from me because I voluntarily entered a hospital back in Summer 2011 for depression and my ex used this every which way he could. I have been healthy and have doctors' notes to prove this. My former atty is threatening me that he will go before the judge and tell the judge I am incompetent. He also is threatening me that he will try to get a guardian appointed for me! No I am not kidding. I have passed brief emails to him which were perfectly cordial as well to the Ad Litem in the case. I have had no phone contact whatsoever. My father claims that I had conversations with him on the phone but I did not. I stopped speaking to him on Thanksgiving when he told me I was responsible for the attorneys' fees. Anyway, I believe a hornet's nest sits under all this behavior. I believe my father has acted unethically because he had a 25% share of a major co that my ex owned. It all smells rotten to say the least.

I am wondering what would be required to deem me unfit. There are no records indicating such only my father and ex atty heresay. Can he really appoint me a guardian or would this be a difficult process. All I want to do is go Pro Se. I can only think that there is alot of bad behavior that underlines their behavior and they do not want exposure. Just to support this conclusion, the other atty in FL was hired by my father. The court ordered my ex to pay him monies which were then to be given to me. When I called the atty (charges 475/hr) and asked him whether he received any monies from my ex, he conveniently could not remember which is bizarre to say the least.

So, in sum, I am mostly concerned as to what grounds, if any, the ex atty would have in claiming me unfit and what would it take for the courts to appoint a guardian to me.
This all seems so crazy but I know that it has something to do with the subpoenas I want and plan to have issued. I am in perfect mental health but am dealing with a bunch of people who have stuff to hide and do not mind doing whatever it takes to shut me up.

Sorry for the length but this is a complicated matter. Thanks
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

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.

bizlaw :

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication

Customer :

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?

bizlaw :

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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