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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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If I terminate my attorney and go pro se what is the process

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If I terminate my attorney and go pro se what is the process as far as notifying opposing counsel as well as the court properly?

Also, if I terminate my attorney Monday, can I file the discovery, requests for admissions, and interrogatories on Tuesday?

Perhaps the easiest method of handling this would be to have the attorney draft a stipulation for his withdrawal. The document would be signed by both you and the attorney and then filed with the court with a copy sent to the opposing attorney. Once the judge signed off on the stipulation, thee attorney would be formally removed from the case.

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As to any requests for discovery or admissions, that would need to wait until the attorney is formally removed from the case. As this typically takes a couple days, you would likely need to hold off for a day or two before proceeding.

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Customer: replied 3 years ago.

do i have to have the attorney file a motion for withdrawal or can I just terminate him and have the judge sign off on it? I really want him off my case immediately and want to get the things out as quick as possible. Would that take longer and how many days would opposing counsel have been notified after the termination.

A motion would only delay things, it would be quicker to have him sign off on a stipulation. As to the opposing attorney, he would be notified by receipt of his copy of the stipulation at the same time that it is filed.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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