Entry of appearance pro se

[inthemiddleadmi]

What is the name of your state (only U.S. law)? NM

I am currently represented by an attorney, however I no longer want his representation. I know there is a form I need to file with the court but not sure which one. Is it a Motion to have him withdraw and entry of pro se? Or is it just the Entry of appearance pro se? Also, does my ex-husband have to agree to his withdrawal?

Thanking you in advance!

Shelly

 

[Ohiogal]

What is the name of your state (only U.S. law)? NM

I am currently represented by an attorney, however I no longer want his representation. I know there is a form I need to file with the court but not sure which one. Is it a Motion to have him withdraw and entry of pro se? Or is it just the Entry of appearance pro se? Also, does my ex-husband have to agree to his withdrawal?

Thanking you in advance!

Shelly

You have to tell your attorney you wish him to withdraw and then he will have to file the motion to withdraw with an affidavit from you.

HOWEVER you will still owe his fees for all work up until the court agrees to his withdrawing.

 

[inthemiddleadmi]

Thank you! Just one more question please, what if my attorney believes that he is not my attorney of record?

See I paid him $575.00 of the $1000.00 he asked for in payments (no retainer agreement by the way). After each payment he told me that we would "now" move forward with my case. It has now been almost a year and all he has done is sign an order.

He sent me a letter saying that he is not representing me and is not my attorney of record. However, the court is under the impression that he is, as all correspondence has been sent to him (without forward to me). My ex-husband's attorney is under the same impression as he has corresponded with his office.

So, if he doesn't then what do I do?

 

[Sw3tflower]

Substitution

I thought a client only had to file a Substitution of Attorney with the court if it is the client who wants to change representation.
Motion to Withdraw is filed when the attorney wants out.
Did I misunderstand?

 

[LdiJ]

Thank you! Just one more question please, what if my attorney believes that he is not my attorney of record?

See I paid him $575.00 of the $1000.00 he asked for in payments (no retainer agreement by the way). After each payment he told me that we would "now" move forward with my case. It has now been almost a year and all he has done is sign an order.

He sent me a letter saying that he is not representing me and is not my attorney of record. However, the court is under the impression that he is, as all correspondence has been sent to him (without forward to me). My ex-husband's attorney is under the same impression as he has corresponded with his office.

So, if he doesn't then what do I do?

I would file an entry of appearance to represent yourself pro-se, and include with that a copy of the letter your attorney sent you stating that he is not representing you. Be sure to serve a copy to your ex.

 

[Ohiogal]

I thought a client only had to file a Substitution of Attorney with the court if it is the client who wants to change representation.
Motion to Withdraw is filed when the attorney wants out.
Did I misunderstand?

If the court believes that the attorney is representing you, then the attorney may very well need to file a motion to withdraw. And going pro se DOES NOT constitution a substitution of attorney. It could work if everything else has failed however.

 

[inthemiddleadmi]

Thank you!