Can judge force me to hire a lawyer?

Civil Rights 2 views 1 answers
my divorce lawyer didn't advocate for me furing the court and we both filed petition of striking his name out of my case but the judge ordered me to keep him as my divorce lawyer even I told the judge that I am bankruptcy and the lawyer didn't speak for me. I have pending court again, but I have no money to pay the lawyer and he is unwilling to work for my case. I have no income and stays at homeless shelter. with money I borrowed from relatives, I filed the bankruptcy this monday, can I get rid of the lawyer? do you think the court will force me to hire him in the coming court days? what can I do if the court force me to hire him even I filed bankrupcty?

Attorney Answer

1
John Belcher ·
The direct answer to your question is no, a judge cannot force you to hire a lawyer to represent you in a pending divorce case. However, it does not appear to me that the judge in your case forced you to hire a lawyer. Rather it appears to me that the judge denied your motion and your attorney's motion, which apparently were filed separately, seeking to strike the appearance of a lawyer that you hired on your own, and now wish to discharge. Judges have broad discretion in this area, since it would not be fair to the opposing party if you were to obtain a last-minute continuance to find a new lawyer; also, almost all judges detest trying highly contested family law cases without lawyers, or where only one side has a lawyer. So when I am doing intake in family law cases, I always emphasize to prospects that I may not be able to leave a case just because I do not want to continue representing a client, even if that client consents. The silver lining to this cloud, if you wish to see it as such, is that a lawyer has an ethical responsibility to continue representing you zealously as long as he or she is your lawyer, even if you hate one another's guts and you cannot afford to pay him or her. Zealous representation means being fully prepared for hearings and making sure that you are fully prepared for hearings. Whether or not you will ultimately be required to pay the attorney really is a separate issue that you should discuss with your bankruptcy attorney.
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