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  #1  
Old Oct 28, 2016, 09:52 PM
eyesclosed eyesclosed is offline
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So I get a e-mail from my divorce atty with a pdf file. It's a Stipulation and order for withdrawal Counsel . It has my name and her name and the reason 20:1.16(a) (3). Oh yes thank u so much like I know what that means. So I look up WI Divorce statutes enter the number, nothing but case law examples. Finally I found WI Bar and after research found it. It means I terminated her, and it's possible for the judge to have me represent myself. Of course I didn't sign it. She gave me an ultimatum agree with me or I won't represent you. She never offered a reason for me to agree with her. She wanted out so what can I do. Nothing is easy for me.
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  #2  
Old Oct 29, 2016, 03:55 PM
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Skeezyks Skeezyks is offline
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  #3  
Old Oct 29, 2016, 08:19 PM
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Rose76 Rose76 is offline
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Lawyers can be sleezes. My few encounters with them did nothing to convince me otherwise.
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Old Oct 30, 2016, 02:55 PM
justafriend306
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Did she provide reason?
  #5  
Old Oct 30, 2016, 06:07 PM
eyesclosed eyesclosed is offline
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No she said I terminated her.
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  #6  
Old Oct 30, 2016, 07:57 PM
Cyllya Cyllya is offline
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Well, that sucks.

Here's the whole SCR 20:1.16, for reference.

I'm no lawyer, but I do believe she's not allowed to terminate representation without court approval, hence why she's asking you to sign a stipulation. (If you and her have agreed to the termination, the court would almost certainly approve it.)

I feel like there's some "my lawyer is a moron" motion you should be able to file, but I'm not sure exactly what it's called or what it asks for. (Maybe it only applies in criminal cases.)
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  #7  
Old Nov 02, 2016, 09:03 PM
eyesclosed eyesclosed is offline
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Thanks it is 20:1.16(a)(3). I asked my sister to interpet this but its statutory law and then can be interepeted by Case Law. She is not into case law but is competent. I sent my sister all of our e-mails she suggested a 3 way conference call to clarify her reasoning but said no its a breech of client confidentiality and wrote the reason which was a lie because of other emails she is now saying she is filing a motion to withdraw because of my lack of trust.
  #8  
Old Nov 02, 2016, 10:46 PM
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Rose76 Rose76 is offline
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They got so many tricks available to them. They really make used car salesmen look classy. They make scum look good.

You need em when you need em, but they can pull fast ones and get away with it.
  #9  
Old Nov 02, 2016, 11:18 PM
Molinit Molinit is online now
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Quote:
Originally Posted by eyesclosed View Post
Thanks it is 20:1.16(a)(3). I asked my sister to interpet this but its statutory law and then can be interepeted by Case Law. She is not into case law but is competent. I sent my sister all of our e-mails she suggested a 3 way conference call to clarify her reasoning but said no its a breech of client confidentiality and wrote the reason which was a lie because of other emails she is now saying she is filing a motion to withdraw because of my lack of trust.
I'm not sure I understand where the issue is. She gave you an instruction as to how to proceed and told you if you didn't, she couldn't represent you, right?

And you didn't agree with her and wouldn't approve her proceeding as she had determined would best represent you.

So basically the 2 of you have a disagreement as to how to proceed. She isn't your servant - you can't demand that she do something she feels isn't in your best interest.

So she's withdrawing. What am I missing here? You can't force an attorney to do something they don't want to do.
  #10  
Old Nov 05, 2016, 08:43 PM
eyesclosed eyesclosed is offline
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The issue is A she never explained to my why she is recommending me not to pursue my to- be ex wife's house as marital property B she said if I don't follow her advice she would not be able to represent me C the stipulation she used said I terminated her. The judge could order me to represent myself. She should use a different stipulation.
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