Defendant wondering if they can file a pro se motion? 5 Answers as of August 09, 2013

We have an attorney, for the civil lawsuit we are in. He doesn't seem to be really interested in our case. He is not filing motions or sanctions that should be filed. Can we file them Pro Se?

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Janke Legal Consulting | Bruce C. Janke
You cannot file anything pro se while you still have an attorney of record. You can only appear yourself or through an attorney, not both. You would have to discharge your attorney and substitute yourself pro se before filing any motions on your own.
Answer Applies to: California
Replied: 8/9/2013
Victor Varga | Victor Varga
Not until you fire your lawyer. Until then, you are not pro se.
Answer Applies to: Maryland
Replied: 8/9/2013
Law Office of Jack Longert, LLC | Jack Longert
If this is in Wisconsin and you want to act pro se, ask your attorney to withdraw and you can approach the Court directly. If you have an atty, you are not allowed to do so.
Answer Applies to: Wisconsin
Replied: 8/9/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
If you are represented, no you cannot.
Answer Applies to: California
Replied: 8/9/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can but you may want to get a new attorney to protect you.
Answer Applies to: New York
Replied: 8/9/2013
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