Pro Se Litigant Seeking 'Limited Engagement' and Consulting with Attorney

[good case]

Florida:
I have run out of funds 4 months before trial so am now Pro Se (my own attorney). My prior attorney will only re-engage with huge retainer because he fears that once engaged, the court won't let him unengage for any reason including nonpayment.

I asked about using him on a consulting only basis. It seems attorneys frequently consult other attorneys for expertise, or to hire a junior attorney to file legal documents at the court.

It seems I am asking the same thing. In other words, I sign and prepare all motions expert lists etc, but seek out an attorney expert to review filings, ensure they are properly filed. etc.

I sort of understand there can be no such thing as a limited engagement, although even that is a bit crazy. If I cannot afford say $100,000 of legal care, my attorney is saying no one will take the case. Yet a doctor doesn't withhold treatment if someone cannot afford the best treatment. They make due with what they have, they don't just let the patient die. Yet that seems to be what the court system prefers - either pay for your attorney to attend every single boring depostion, to dot every I and cross every T etc - or be completely without an attorney altogether.


So back to the original question - I am seeking to hire an attorney ADVISOR and document filer while I am a pro se litigant. Any problem with that?

[KeyWestDan]

I am not an attorney and can't help you directly. It is a catch 22. Here is some food for thought.

If you have a good case, you should check around and see if you can find an attorney to handle it on a contingency basis. This might be even easier than normal as you have already paid some of the litagation cost.

But something is strange here. Most attorney's have a good idea what a case is going to cost and get the money upfront assuming it is not on a contingency. The attorney of record can't just quite, he has to file a motion to withdraw and there is usually a hearing. Withdrawing in the middle of the case is pathetic, unless it is really a bad case or the client is a pain.

Also, there are some causes of action where attorney's fees and costs will be awarded. That might entice an attorney too. But not all causes of action will get fees and costs awarded. Like McDonalds suing some little organization for libel, spending $16 million on the case and winning $98,000. No attorney fee award either.

You don't say how much money was spent or what the cause of action is, but most civil actions are not all that expensive unless it involves a large amount of evidence/documents, expert witnesses, etc. If there are lots of witnesses to depose, it can add up.

I doubt you will find what you are looking for due to bar rules, legal malpractice and liability issues. Good luck with that.

Personally I would handle everything up to trial. Trying to do a jury trial pro se is madness when the other side is represented by counsel. Trial by judge is a little better but the odds are not good. Part of it depends on the cause of action and how complicated the case is.

You also do not say at what stage the case is at.

You say the trial is 4 months off. That would tend to indicate the discovery is completed. In Florida, all major civil action have to go to mediation first.
Where you too greedy? Many cases can be settled in mediation, especially when parties are paying their own attorney. The mediator fee is $1,200 plus the cost of all the attorney's. It is not cheap. You don't mention if you got that far. It is only after mediation fails that a trial date will be set and there usually are pretrial conferences, etc. first.

[Mr. Knowitall]

If you can find a lawyer willing to sign on in a limited fashion, great. Not all courts or state bars are fond of such arrangements, though, and lawyers may be wary of doing so in your state.

If you can't find a lawyer willing to help you on a limited basis, the question of whether or not they can is moot.