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Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Attorney
Category: Legal
Satisfied Customers: 9176
Experience:  Attorney
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Can i file a motion with the court without my lawyer?

Resolved Question:

Can i file a motion with the court without my lawyer?
Submitted: 2 years ago.
Category: Legal
Expert:  Thoreau (T-USA) replied 2 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.

A person may fire his attorney and begin to represent himself at any time for any reason. However, it's usually not wise because most people don't have sufficient knowledge of the law or legal procedure to represent themselves competently. In other words, people who represent themselves often do more harm than good. Therefore, a person who is not happy with the representation he's receiving is usually wise to resolve the matter with his attorney or terminate the relationship and retain a new attorney. Many attorney-client difficulties arise from poor communication by the attorney, the client, or both, and most situations like that can be resolved by sitting down with the attorney and explaining the concerns professionally, calmly, and in detail. Therefore, prior to representing one's self, such a discussion is usually a good idea. However, to answer your question, yes, an individual may represent himself, motion the court on his own, etc.

Please use Reply to let me know if further clarification is needed, and please keep in mind that the I am not credited for unaccepted answers. Even if this was not what you were hoping to hear, it is a truthful answer and I hope that you now feel confident in your knowledge of the law. Please remember to click accept once you are finished. Thank you.
Customer: replied 2 years ago.
I'm not looking to represent myself......I just want to know if i can file a motion with the court on my own since my current lawyer doens't seem to have the time
Expert:  Thoreau (T-USA) replied 2 years ago.
A litigant may not file his own motion while he has an attorney and the attorney will have to. If your attorney doesn't seem to have the time or concern, you may wish to discuss that with him, as your attorney has a duty to make the time to represent you properly. Failing to do so can potentially serve as a basis for a legal malpractice suit if you suffer damages due to your attorney's lack of diligence. It can also provide a basis for a complaint to the bar association. If you think your attorney isn't concerned enough with your case, you would be wise to discuss that with your attorney. It may be that the motion isn't in your best interests and that may be why he hasn't filed it. Alternatively, he may simply need a "wake-up call." Either way, he can explain the inaction to you and, if he can't you'd have the option of retaining different counsel if you felt so compelled. However, to answer your question, a litigant won't be able to file a motion on his own while still represented by an attorney and the attorney will have to do so. A litigant could draft a motion and ask his attorney to file it, of course.

Please use Reply to let me know if further clarification is needed, and please keep in mind that the I am not credited for unaccepted answers. Even if this was not what you were hoping to hear, it is a truthful answer and I hope that you now feel confident in your knowledge of the law. Please remember to click accept once you are finished. Thank you.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I wanted to know if i can file a motion with the court without my lawyer. I'm not planning on firing my lawyer just want to file this now
Expert:  Thoreau (T-USA) replied 2 years ago.
Sir or Ma'am,

I answered that question directly and accurately twice in the previous answer. Regardless, if you're unclear on the answer, please use REPLY. Please do not use relist, as it unfairly reflects poorly on me when you simply need some clarification. Further, relisting the question may slow my reply, as I am not notified that you have relisted the question. That is why this reply has been delayed. Had you used REPLY, I would have posted a response within 3 to 5 minutes. However, because you relisted, I didn't even know you wanted more information.

I responded to your new inquiry directly and accurately twice in the previous answer. I wrote:
"A litigant may not file his own motion while he has an attorney and the attorney will have to." . . . "However, to answer your question, a litigant won't be able to file a motion on his own while still represented by an attorney and the attorney will have to do so. A litigant could draft a motion and ask his attorney to file it, of course."
A litigant can't bypass his attorney to file a motion while the litigant is represented. Either the litigant fires the attorney and files the motion himself or the attorney has to file the motion. The litigant can't keep the attorney and file the motion on his own. That's not possible.

Please use REPLY to let me know if further clarification is needed, and please keep in mind that the I am not credited for unaccepted answers. Even if this was not what you were hoping to hear, it is a truthful answer and I hope that you now feel confident in your knowledge of the law. Please remember to click accept once you are finished. Thank you.
Thoreau (T-USA), Attorney
Category: Legal
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 3 other Legal Specialists are ready to help you

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