Separation and divorce
How to stop being represented by a lawyer
You can decide to stop being represented by a lawyer and start representing yourself in court while your proceedings are underway. Whether you do it by choice or for reasons beyond your control, here are the steps to make the change official, and some questions you need to consider to make an informed decision.
1) Tell your lawyer
First of all, tell your lawyer that you don’t want them to represent you anymore or that it’s no longer possible. Do so as quickly as you can, so that the lawyer stops working on your file and you can avoid paying additional fees.
Also, be sure to pay the lawyer on time for the work done until the end of the mandate.
2) Read your file
Once you’ve informed your lawyer, ask for a copy of your file. This will allow you to better understand the status of your case and prepare you for the rest of the judicial process.
A file usually contains:
- all the proceedings presented in court
- the documents you and your ex sent to your lawyer (photos, account statements, income tax returns, etc.)
- expert reports
- written communications between your lawyer and your ex or your ex’s lawyer
The lawyer must give you a copy of your file if you ask for it, and can charge you only reasonable costs for transmitting, transcribing or reproducing the documents.
You can also ask the lawyer what the next steps are and what point you have reached in the proceedings.
You can also visit the courthouse to see everything that has been filed in your court record.
3) File a notice with the court
You must inform the court that you want your lawyer withdrawn from the file.
To do so, you can draft a notice stating that you’re discharging your lawyer and that you intend to represent yourself. Make sure to include your contact information so that the court staff and everyone else involved in your case can contact you directly in the future.
The notice must be sent to your ex or your ex’s lawyer, then filed in your court record. If other individuals are involved in your file (such as a lawyer representing your child), they must also receive a copy.
In some cases, your lawyer may take the initiative and send a notice to “cease representing” you. This means that the lawyer wishes to be withdrawn from the file. If you haven’t sent a notice yet expressing your intention to discharge your lawyer, or if your notice is incomplete, you’ll receive a formal notice asking you to indicate whether you intend to represent yourself or designate a new lawyer for the rest of the proceedings. Make sure you reply on time.
Questions you need to consider before discharging your lawyer
If you’re not sure you want to continue being represented by a lawyer, here are a few questions you need to think about to help you make an informed decision.
Representing yourself in court comes with its share of challenges.
For instance, the rules governing court proceedings apply to lawyers and individuals representing themselves.
Most of these rules are in the Code of Civil Procedure. They specify:
- The documents and forms to be prepared depending on the situation and how to do so
- The time limits for preparing and sending certain documents
- The way to send documents
- Evidence that can be presented to a judge and how to do so
- The people who are authorized to testify in court and the questions they can be asked
It’s important to get enough information on these rules to fully understand them. You can visit a Community Justice Centre for help.
To represent yourself in court, you’ll need to review your entire file and prepare for the next steps in the judicial process. This can take a while, and you could run out of time if the final hearing date is near.
It’s possible to apply to the court to have the hearing date postponed, but the judge can refuse.
If not, it’s a good idea to let your lawyer know. He or she might propose solutions, such as changing the frequency of your communications or reviewing the billing method. You might not need to stop being represented after all.
If you don’t feel able to do what’s required to mount a successful case on your own, consider the option of retaining another lawyer. A different lawyer’s approach may better suit your needs.
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Warning
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.
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