What is the name of your state? CA I'm CP and have an upcoming hearing with DCSS . . . NCP is represented by counsel. I have been suspicious that my attorney is working AGAINST me for some time, but have continued with him because he has demonstrated some success in my case . . . namely moving the case to where I live. I'm now getting ready to proceed to the first of many hearings and recently met with my attorney to prepare. Five days later (today) . . . opposing counsel served me with an amended declaration responding to EVERYTHING I mentioned privately to my attorney. I've lost complete confidence in my attorney and don't trust his representation going to trial. But I don't have any more monies for a new retainer, so I have no choice but to go pro se. I want to get a continuance to prepare my case (as DCSS does not represent me). Since the element of surprise is GONE, I'm now stuck with having to "bulletproof" my case. I'm looking for MAXIMUM time to research and prepare for my case. Should I fire my attorney now or keep him on record until few days prior to hearing? And can I utilize the facilitator's office if I have an attorney of record? Thanks in advance.
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Transitioning Case To Pro Se
- Thread starter KellyS.
- Start date
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hittingrabbit
Member
You can ask for a (delay)stay of the action,to prepare your case in pro se persona.
unfortunantly you omitted anything about your case preventing me from offerring any further help.
But the first rule of representation is the requirement of the attorney client privilage,that cannot be broken,as the attorney can be held accountable and be disbarred if proof is given that the ex-parte meeting out of your absence was detrimental to your case.
Remember you entered into contract with your attorney,to pay a fee for services rendered,if you feel that your attorney has not provided you with reasonable representation then you may basically fire them.
I am a firm beleiver that the best representation is a person on their own behalf,partly because I dont trust most attornies,and very few people do,secondly the same attornies eventually become judges,thats a fact,that is frightening in itself.
But a person representing themself must be aware that they are going to be thrown into a den of lions,with the legal jargon,of latin,and greek phrases,and qotes from legal precedents,can make one very confused.
You do have an advantage over most attornies in the sense that you have the power of unlimited contract.
You may enter into contract with the presiding judge,demanding the judge to take judicial notice,demanding that your moving papers are an integrate part of the proceedings,demanding the judge to provide any law,or case law that may be to your advantage,you may assert all of your protections durring this contract,constitutional,state,and federal laws,its bi-laws,common laws,laws unde the Magna Charta,you can remind the court that you are a visitor to the forum,and lack any formal educational knowledge in the matters of law,and demand that you be given a wide latitude not to disrupt the court but to be able to explain your case,(if you are the defendent and the judge attempts to continue to interupt you by making you silent,ask the judge,"Are you rushing me to judgement your honor?",if no reply ask again,until he says no,or continue etc.
(if he says yes then the courts ruling will not stand,due to abuse of discretion).
You may demand the court and your opponents representation to refrane from useing legal languages,and word them in common language for the ordinary person to understand in its simpliest forms.
Anyhow this is just a small sample of ideas that you may invoke,under obligation of contract.
But whatever your situation is you must try to look ahead of your opponent,and you must have several tactics that can intertwine otherwise if you attempt to change your stance with no relation to your original arguement then the court will not consider it,if you leave out anything that is minute associated with proving your claim,then you cannot use it on an appeal,(your opponents will object to it).good luck!
unfortunantly you omitted anything about your case preventing me from offerring any further help.
But the first rule of representation is the requirement of the attorney client privilage,that cannot be broken,as the attorney can be held accountable and be disbarred if proof is given that the ex-parte meeting out of your absence was detrimental to your case.
Remember you entered into contract with your attorney,to pay a fee for services rendered,if you feel that your attorney has not provided you with reasonable representation then you may basically fire them.
I am a firm beleiver that the best representation is a person on their own behalf,partly because I dont trust most attornies,and very few people do,secondly the same attornies eventually become judges,thats a fact,that is frightening in itself.
But a person representing themself must be aware that they are going to be thrown into a den of lions,with the legal jargon,of latin,and greek phrases,and qotes from legal precedents,can make one very confused.
You do have an advantage over most attornies in the sense that you have the power of unlimited contract.
You may enter into contract with the presiding judge,demanding the judge to take judicial notice,demanding that your moving papers are an integrate part of the proceedings,demanding the judge to provide any law,or case law that may be to your advantage,you may assert all of your protections durring this contract,constitutional,state,and federal laws,its bi-laws,common laws,laws unde the Magna Charta,you can remind the court that you are a visitor to the forum,and lack any formal educational knowledge in the matters of law,and demand that you be given a wide latitude not to disrupt the court but to be able to explain your case,(if you are the defendent and the judge attempts to continue to interupt you by making you silent,ask the judge,"Are you rushing me to judgement your honor?",if no reply ask again,until he says no,or continue etc.
(if he says yes then the courts ruling will not stand,due to abuse of discretion).
You may demand the court and your opponents representation to refrane from useing legal languages,and word them in common language for the ordinary person to understand in its simpliest forms.
Anyhow this is just a small sample of ideas that you may invoke,under obligation of contract.
But whatever your situation is you must try to look ahead of your opponent,and you must have several tactics that can intertwine otherwise if you attempt to change your stance with no relation to your original arguement then the court will not consider it,if you leave out anything that is minute associated with proving your claim,then you cannot use it on an appeal,(your opponents will object to it).good luck!
OHIOGUY44095
Member
Didn't you ask this same question a few weeks ago?
Last edited:
stargazer0725
Member
Uh...no. OP recently inquired about this possibility of NCP's attorney withdrawing from the case. OP has the right to go pro-se at any time, but from personal experience I have found that the presence of an attorney lends an aura of "authenticity" to your case (I started pro-se, but hired an attorney down the road). Judges tend to think you're more serious about pursuing the matters at hand when you've hired someone to represent you.OHIOGUY44095 said:Didn't you ask this same question a few weeks ago?
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