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Can I file subpoenas and motions myself even though represented?

| Dec 8, 2015 | Uncategorized

Q: My divorce case is in supreme court, nyc.
My attorney is flat fee, which I paid, but charges quite a bit for subpoenas and motions as these are extra (over a thousand dollars for each motion). He had convinced me my case was simple and I would not have to pay these extra charges.
I need to file both now, as my case has turned into a very difficult drawn out crazy thing, but I cannot pay these high prices. I have been paying him extra for many things and I have no money left. In addition my attorney does not really want to do any more work, even though he admitted that this should be done. He just wants the case to be settled and done with, and me to accept terms that would be much better for me (he actually told me this!) if we were to file the above but that we have to “choose our battles”. to give an example: I have not worked in 20 years and am disabled, have 2 children, have not had any maintenance for 4 years, and one of the motions I really need to file is for temporary maintenance.
Even though I am somewhat represented by counsel, can I file these myself with the help of the pro se court help center, or am I not allowed since I do have an attorney?

A: David’s Answer: You’ve learned a powerful lesson – you get what you pay for. That said, so long as you continue to be represented by counsel, the court will not allow you to file motions yourself. It’s an either/or situation. Call a NYC Divorce attorney to schedule a consult for a 2d opinion. — David Bliven, Bronx Divorce Attorney, (www.Blivenlaw.net)

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