Can client file motions/objections while rep. by attny?

[George1776]

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

I have been headbutting my attny in respect to filing an objection to a motion that the opposing party filed -- discovery issues. Can I file an objection as the Plaintiff? My attny clearly cannot read english as the granting of this motion would leave me with no discovery at all ... my attny thinks that he can get evidentary sanctions due to misleading statements in the motion. But I want the motion to be objected to & he can add his sanctions if he wants. I just want my discovery to be answered. I am able to write up an objection w/o my attny's output & I assume that the clerk would accept it but my question is would the court hear the objection if filed by a Plaintiff & not his legal consul? W/O the discovery being answered I am dead in the water on this case.

 

[tranquility]

At the least, you would have to file an "appearance". (See court rules starting at 3-1 et seq.)

 

[latigo]

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

I have been headbutting my attny in respect to filing an objection to a motion that the opposing party filed -- discovery issues. Can I file an objection as the Plaintiff? My attny clearly cannot read english as the granting of this motion would leave me with no discovery at all ... my attny thinks that he can get evidentary sanctions due to misleading statements in the motion. But I want the motion to be objected to & he can add his sanctions if he wants. I just want my discovery to be answered. I am able to write up an objection w/o my attny's output & I assume that the clerk would accept it but my question is would the court hear the objection if filed by a Plaintiff & not his legal consul? W/O the discovery being answered I am dead in the water on this case.

You know very well that you have the prerogative of discharging your attorney of record and formerly appearing pro se in substitution.

But until you do so, all pleadings and filing submitted to the court MUST BE SIGNED BY THE ATTORNEY OF RECORD.

However, if I happened to be the luckless lawyer representing you, rest assured that you'd have just one chance at head butting and telling me how to prosecute or defend a lawsuit!

 

[tranquility]

From the rules:

Sec. 3-8. Appearance for Represented Party
Whenever an attorney files an appearance for
a party, or the party files an appearance for himself
or herself, and there is already an appearance of
an attorney or party on file for that party, the attor-
ney or party filing the new appearance shall state
thereon whether such appearance is in place of
or in addition to the appearance or appearances
already on file. If the new appearance is stated
to be in place of any appearance or appearances
on file, the party or attorney filing that new appear-
ance shall serve, in accordance with Sections 10-
12 through 10-17, a copy of that new appearance
on any attorney or party whose appearance is to
be replaced by the new appearance. Unless a
written objection is filed within ten days after the
filing of an in-lieu-of appearance, the appearance
or appearances to be replaced by the new appear-
ance shall be deemed to have been withdrawn
and the clerk shall make appropriate entries for
such purpose on the file and docket. The provi-
sions of this section regarding parties filing
appearances for themselves does not apply to
criminal cases.
(P.B. 1978-1997, Sec. 65.)

 

[George1776]

From the rules:

From the rules then it appears as if I can; I just have to file an appearance & note that it not a replacement but an addition (if I wanted to keep my attny). Discharging the attny would likely take too long as an objection has to be filed very soon (couple of days I am guessing -- recall it is to file an objection to a motion not ruled on so I dont know when the judge will actually rule on it). I am sure my attny will howl -- I'll keep you posted as to what happens. Thanks guys and/or gals.

 

[tranquility]

Except, as Latigo implied, if you do, your attorney will withdraw. If he just "howl"s, you have a lousy attorney.

 

[George1776]

Except, as Latigo implied, if you do, your attorney will withdraw. If he just "howl"s, you have a lousy attorney.

I don''t think that this is cause to withdraw ; I have written to my attny telling him of my intentions. I'll see how he replies.

Update on motion: my attny, after I highlighted the errors/omissions in my opposing party's motion filed an objection today, like 1 day before the cut-off deadline. If I did not howl, I would be SOL (not stat. of limit. either!). [if I do not file an appearance this may be the case in the future]

 

[tranquility]

I don''t think that this is cause to withdraw ; I have written to my attny telling him of my intentions. I'll see how he replies.

Yes it would be. It would be ethically fine for an attorney to withdraw under such circumstances and I suspect almost any litigator would.

 

[Tex78704]

Filing a motion in this manner is certainly sufficient cause for an attorney to withdraw. It would be surprising if your attorney does not file his own motion to withdraw promptly after you file your notice of appearance and motion. No self-respecting attorney worth their salt is going to allow their client to prepare and file their own motions against their advice. At least not for long...

So be prepared for the very strong possibility that going through with this maneuver will require you to find another attorney.

 

[George1776]

I don't see how this can be grounds for withdraw .. the court rules allow it; to allow an attny to withdraw because of a client's desire to be able to represent himself goes contrary to the court rule. Normally, if you attny does not show up for a motion hearing you are SOL but if you file an appearance at least you have some representation (yourself) and no ruling by default will occur.

My attny was late to his first hearing & this almost resulted in me having no voice in the courtroom...and because this case deals with sections of the CFR that my attny is not familar with & technical aspects which my attny has no clue (whereas I do) then I think it would be in my best interest to be able to speak in court w/o giving testimony.

I know, find a new attny, but right now I am not in favor of doing this. One more screw up by my attny & yes; but right now its no.

I sure that you folks can understand my viewpoint.

If he does not respond to my communication regarding me filing an appearance (I asked him if he would have any objections too) then a court is not going to look at a motion to withdraw very favorably IMO.

 

[tranquility]

See:

Angol v. In Your Neighborhood Construction, LLC et al.

It will fall under Ethics Rule 1.6 in both (5) and (6) sections. That is assuming Section 3-9 (b) of the court rules don't apply (Which, I'm not sure it doesn't. It just might not.) where all the attorney has to do is submit the application to the clerk and leave of the court would not be required.

If you file an appearance, you need to be prepared to get another attorney. Period.

 

[George1776]

See:

Angol v. In Your Neighborhood Construction, LLC et al.

It will fall under Ethics Rule 1.6 in both (5) and (6) sections. That is assuming Section 3-9 (b) of the court rules don't apply (Which, I'm not sure it doesn't. It just might not.) where all the attorney has to do is submit the application to the clerk and leave of the court would not be required.

If you file an appearance, you need to be prepared to get another attorney. Period.

Clearly I am not at the point where communications are poor between me & the attny ; no fraud is anticipated ; all financial obligations have been paid ; and the withdraw will lead to harm. So I see no good cause for a withdraw.

In the Angol case cited, the client did not pay his attny (and a prior motion to withdraw was denied, why I dont know).

It looks like my attny's only argument for a withdraw would be that I filed an appearance, which is allowed under the court rules. I hardly think that a plaintiff filing an appearance which is allowed under the court rules is good cause to withdraw. It's likely the attny has more issues with the court rules than with me.

I'll keep you posted on my attny's response to my last communication where I indicated a desire to file an appearance.

Thanks for all the posters !

 

[George1776]

Todays' update: my attny let me know that he has no objections to me filing an appearance although he did say its unusual. So I'll be filing an appearance. I believe that I would be able to voice my thoughts/arguments during hearings on motions and participate more in my case. Lets face it, how many times have clients heard their attny utter statements that they know are wrong & hurt their case?

 

[tranquility]

Far fewer times than a client spoke up and ruined the case.

There is no problem with filing an appearance per se. The problem is that you want to file it to contradict what the attorney has decided to do. When you put that in action, the attorney will withdraw and the court will allow it.

 

[George1776]

Far fewer times than a client spoke up and ruined the case.

There is no problem with filing an appearance per se. The problem is that you want to file it to contradict what the attorney has decided to do. When you put that in action, the attorney will withdraw and the court will allow it.

I did file my appearance. But who decides the nature & stategery of litigation - the client or consul. Its the client of course. The consul is the client's representative not his dictator. I doubt that my attny w/withdraw (nor that he can for simply filing an appearance).