Posted by Caroline on 12/04/06

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I'll try to keep this brief.

I am a plaintiff in an civil case in California. I have had
to fire one attorney and retain another who is now trying to
dismiss me without cause because he has acting unethically
by cooperating with the Defendant's attorney. The main
points that I need to address as soon as possible are the
following:

1. Representing myself. In addition to the two attorneys I
have retained, I have consulted with three others in my
small town and they will not take my case. I'm pretty
concerned about acting Per Se but it's getting to be an
option I have to give serious consideration to.

2. I have a simple case and I only require a specific order
of performance for a contract. However, the Defendants, have
refused mediation, and refuse to settle out of court. As it
is I have spent too much in legal fees.

3. My current lawyer has padded my last bill. I have written
a letter to him contesting the bill. In that letter I stated
if he does not refund me for that specific bill then I will
file a fee arbitration.

4. My expert needs 4 signatures to complete her report that
the signatures on my contract are genuine. I have asked my
lawyer to file a motion to compel the Defendants to produce
such documents but he flatly refuses. He also refused to
file a sanction against the Defendant's attorney for
cancelling my deposition and then filing the motion. As I
understand it the deadline for filing a sanction is 14 days
afterwards and it has already been 13 days total. His main
goal has been to dismiss me as client because he doesn't
want to go to trial even though he himself stated that in a
trial my case is strong because I have an enforceable
contract and the Defendants have no evidence.

5. The Defendant's lawyer acted unethically by cancelling my
deposition and then filing a motion to compel deposition. It
since has been taken off the calandar because my lawyer
fought it. However, I recently learned that the Defendants
lawyer offer my expert witness a "deal." This mis-conduct is
getting out of hand and I don't know which action to take
next. I have spent the last two days researching online for
possible options. I don't know which one is best because I
am not a lawyer. I would appreciate any advice anyone could
give me to help me choose which direction to take.Options
I'm considering:

-Firing my lawyer, and then acting per se
-Filing an injunction (I don't know what type I would have
to file)
-Filing an Ex Parte Motion (so I could present my evidence
of both my lawyer's and the defendants lawyer's abuse of the
judicial system. I don't know what the name of statute or
the order would be in this case.)
-Writing a letter to the judge about their mis-conduct (I
don't know if this is allowed. I would refrain from
discussing the details of my case so as to not affect the
right to a fair trial for the Defendants)
-Filing a complaint against these lawyers with the State Bar
Association.
-If acting per se, Filing a motion to compel the documents
for my expert to analyze.
-If acting per se, Filing a sanction against the Defendant's
attorney for filing the motion to compel deposition. (my
deadline is rapidly approaching before I waive my right)
-Filing a motion for arbitration (since my case is so strong
I want binding arbitration)

Please email me if you have any other suggestions or think
one of these is the right course of action. Thanks a lot!

Sincerely,
Caroline

carolinerocks@yahoo.com

Questionable Ethics Need Help!, 12/04/06, by Caroline.

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