Going Pro Se.. when to ask attny to withdraw

[profmum]

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

My attny (who is great!) has finished the response to Xfiles motion to appeal his request for attorney fees which was denied at the trial court. My goal is to go Pro Se after this as Xfiles continues to file motion after motion, pro se after his own attny fired him (25 at last count in 3 years) and his goal is to quote "make me bankrupt". The ruling on the appeal can take several months. I don't want to talk to my attny about this obviously, but my thinking was to wait till the ruling was obtained before asking my attny to withdraw? or is there any reason I should not ask him to withdraw now? I dont want to complicate the appeals process?

 

[Ohiogal]

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

My attny (who is great!) has finished the response to Xfiles motion to appeal his request for attorney fees which was denied at the trial court. My goal is to go Pro Se after this as Xfiles continues to file motion after motion, pro se after his own attny fired him (25 at last count in 3 years) and his goal is to quote "make me bankrupt". The ruling on the appeal can take several months. I don't want to talk to my attny about this obviously, but my thinking was to wait till the ruling was obtained before asking my attny to withdraw? or is there any reason I should not ask him to withdraw now? I dont want to complicate the appeals process?

Do you understand how to appeal on your own? Do you understand how the appeals process works? You want to wait until the ruling on the appeal is obtained and the case is closed before asking your attorney to withdraw? Are there going to be oral arguments?

 

[meanyjack]

You could keep your attorney retained & ask about the possibility of a motion being filed to have your ex pay your attorney's fees IN ADVANCE of this (frivolous) filing, rather than filing a response to your ex's filing AND THEN waiting until after the court rules against your ex to get attorney's fees.

It could also be noted by your attorney the statement your ex made to you about "making you bankrupt" (and if your ex has a history of filing this stuff, that can be cited as well).

By asking for fees in advance, this wouldn't go anywhere until your ex pays up (& IIRC, he would have a specific amount of time to pay up or his filing is dead). Just a thought, but I think it's something you should seriously ask about and pursue.

 

[profmum]

Do you understand how to appeal on your own? Do you understand how the appeals process works? You want to wait until the ruling on the appeal is obtained and the case is closed before asking your attorney to withdraw? Are there going to be oral arguments?

I do understand how it works, we have filed a response to his opening brief, I doubt there will be oral arguements.. but you never know, which is why I was thinking I would wait until a ruling is made by the Court of Appeals before going Pro Se