Filing a Petition Without Notifying Your Attorney

Posted By The Law Office of Kelley M. Enderley, PC || 3-Feb-2016

Over my many years of practice, I have had clients who have filed petitions and applications to the Courts without notifying me first. While this can be done in an emergency situation, it is most often inadvisable. This is because these applications are often frowned upon by the court and release information that should not be provided to opposing counsel or can do significant harm to an individuals case. If you have an attorney, you ought to use that attorney. An attorney will file paperwork with the courts when it is necessary and appropriate to do so. If an attorney does not file an application with the court it may be for a good reason.

Often I do not file applications as they are duplicative and may release information that I am using for purposes of trial strategy. When I do file petitions I often do not give away information that can be later utilized in a positive way for the client. Sometimes this is simply the release of the information at the right moment to catch an individual in a lie while on the record with the courts.

I understand that clients can get frustrated with the slow process of the courts. Unfortunately, filing additional petitions or applications will not make things progress any faster and can be seen by the court as nothing more than a client that is out of control and not willing to work through the system. It is my job to present evidence to the court in an organized manner. While sometimes the process may be slow patience can be rewarded greatly for clients.