Sunday, May 18, 2014

can a plaintiff who is represented by a lawyer file a motion of their own?

Question

can a plaintiff who is represented by a lawyer file a motion of their own?



Answer

No. The court will reject (or if they are being careful about following the rules at least should reject) any filing not made by the attorney of record if there is an attorney of record.

With that said one has to wonder why anyone would want to do that. If you want to save attorneys fees, find an attorney who will let you do your own legal work and only work up the final product into a form that is proper and valid. If you want that kind of attorney and don't have one, and can't convince the one you have to let you be your own, in essence, paralegal, then find another attorney or substitute yourself pro se in place of the attorney.. There is no reason to be playing games trying to file papers behind your attorney's back.



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