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Old 02-24-2002, 11:29 PM
OldMarineDAV
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Self Representation


I live in North Carolina and up until last month was represented by counsel in a custody/visitation matter. I released the attorney because he consistently refused to initiate any actions on my behalf despite repeated requests. There are two current problems I am having. 1) The opposing counsel (ex-wife's) has refused to acknowledge any correspondence or phone calls from me even though she has been made aware that I am representing myself. Is there any legal standing for me to be recognized and acknowledged in the attempt to resolve this matter? Currently, we are near the end of the procedings having recieved the results of a CUSTODIAL EVALUATION that both parties agreed to allow to be the determining factor. Her counsel, sent recommendations for some changes to the findings. I responded with some changes of my own and acknowledged which of theirs I would allow uncontested. That was nearly a month and a half ago. So far the only response I have has is to be sent notice that a court date has been established for 3/4. Is there a statute or amendment within the consititution (state or federal) that establishes how a person representing themself should be treated by counsel and the courts?

2) My former attorney, has refused to release the custodial evaluation to me. NC State Bar Rules state under Rule 3.4 Fairness to Opposing Party and Counsel. A lawyer shall not: (a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy, or conceal a document or other material having potential evidentiary value...

Rule 1.16 Declining Or Terminating Representation [11] The lawyer may never retain papers to secure a fee. Generally, anything in the file which would be helpful to successor counsel should be turned over. This includes papers and ohter things delivered to the discharged lawyer by the client such as original instruments, correspondence, and canceled checks. Copies of all correspondence received and generated by the withdrawing or discharging lawyer should be released as well as legal instruments, pleadings and briefs submitted by either side or prepared and ready for submission. The lawyer's personal notes and incomplete work product need not be released.

As this reads the only thing he should be able to retain relavent to my case is any personal notes from the file or incomplete works. Is this an accurate assessment? I am arguing this before court this week so any critical imput would be greatly apprectiated. Also, if you can direct me where I can find anything to verify or validate what rights I have before the court as own counsel would be welcome (State or Federal, or both). Please respond or send a link via the email provided to [email]OldMarineDAV@yahoo.com[/email]. Many thanks.
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