Can I file pro se motions while waiting for my attorney to be removed as counsel?

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My attorney filed a motion to withdraw (she doesn’t want to burn her bridges). We are awaiting her release but I need to file important motions beforehand as she is scheduled to be removed on the same day a pre-trial is set. She refuses to file motions on my behalf (she doesn’t want to burn her bridges) so what law protects me so that I can file these motions as pro se? I can’t substitute counsel because I will be going to legal aid once she is removed. I need the letter signed by the judge stating her withdraw in order to get legal aid assistance (I was told). What can I do?

Attorney Answers

2
Pamela KoslynBusiness AttorneyLos Angeles, CA ·
No. Your attorney of record is your attorney of record, and the only one who can act in the case until the judge grants her motion. You have a much quicker solution. Just sign (and get her to sign, which she'll be more than willing to if she wants out) a substitute of attorney form, substituting yourself in pro se until you get a legal aid lawyer. Being pro se shouldn't prevent you getting a legal aid lawyer. But if it somehow does, the other thing you can do is file an ex parte application to shorten time for the hearing on your lawyer's moiton to withdraw to get it heard and granted faster. Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Byron L. WoolleyProbate AttorneyDallas, TX ·
Discuss the following with your attorney first, but if you feel you must file the motion, I know of no reason you can not file it indicating in the motion that you are filing the motion pro se while waiting on the court to release your attorney as attorney of record due to the upcoming deadlines. You should also discuss with your attorney to ask the court for a short continuance to allow you enough time to secure legal aid counsel so that the upcomind deadlines are not pushing you into filing motions that your legal aid counsel may not want to file. You can also usually expedite the granting of a motion to withdraw by submitting an agreed upon Order of Withdrawal if the other lawyer will either agree to it, or at least indicate he does not oppose the Motion. Good luck. Note: This response is: a) limited in scope to questions involving Texas law for a Texas resident; b) is intended only as a general information discussion of an issue raised in the question presented; c) does not constitute legal advice as all relevant facts are not known nor analyzed; and d) does not create an attorney-client relationship.
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