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I believe the Defendants attorney is taking advantage of the fact that I am pro se. What can I do?

Englewood, CO |

This attorney is violating rules left and right, 60 days late on initial disclosures, will not cooperate on any subject, will not send me copies of filing he makes with the Court even though I have request and warned him numerous times. I have to contact the Court regularly to see if anything has been filed. He delays ever single date by months, claiming schedule problems. Now he is over a week late in delivering the properly served interrogatories. He just disregards any request as if there is nothing I can do about it. Interestingly, he is an attorney for a major insurance co. Being pro se I cannot be awarded attorney fees, how else could the attorney be sanctioned, if he should be? Can I hire an attorney to enforce these violations and get awarded attorney fees? Or, what else can I do?

Attorney Answers 5

  1. Best answer

    I join my colleagues in recommending the retention of counsel. I applaud you for the work that you have already done in the case pro se; it sounds like to are studying the court rules and have a good sense of how the case is progressing, and that is not an easy thing for many people to do. In addition to the rules governing discovery that you referenced, you may want to look at Rule 11 as well.

    In Colorado, unlike many other states, attorneys are allowed to provided unbundling of legal services, meaning that you can hire an attorney to help you with one facet of the case while you would still be responsible for the case yourself. Such an arrangement can help make the truly needed legal services more affordable. Indeed, you may be able to structure a retainer agreement such that representation is geared to defending against sanctionable misconduct.

    There is another cost saving option: there is a growing number of attorneys, such as myself, who offer reduced fees to clients of modest means or to clients with cases with a relatively low prospective recovery as a means of increasing access to justice.

    I hope this answer is helpful. If so, please rate it has helpful. If not, I am happy to answer follow up questions.


  2. I am almost positive that the opposing attorney is taking advantage of your because you are pro se. As a judge, I saw it all of the time in front of me and there was nothing that I could to help them. It was like watching a deer in the headlights and was brutal to see. You are in a butt-kicking contest with both feet being tied together. You are totally a novice with no legal experience and are taking on an attorney with a doctorate degree and with years of experience. If this case matters to you, you will go out and schedule appointments with various attorneys tomorrow and choose one who is the right fix. You are trying to basically do open-heart surgery with no medical training.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

  3. Document everything and consult with an attorney. Try Avvo's "Find a Lawyer" service.

    This answer is for general purposes only and does not establish an attorney-client relationship. Consult with an attorney if you need further assistance.

  4. Messrs. Leroi and Hoffman are correct. I would only add that representing yourself is like trying to do open heart surgery on yourself in an unlit room.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  5. You need to understand the sanction rule and then apply them. Don't just take BS. If you really cannot afford an attorney or find one who can do this for contingency, you should at least have an attorney to advise you under a limited representation. It is money well spent and those fees could reimbursed for sanctions and the like. Good luck and start calling.

    This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.