How to Stop an Agent From Representing you in Court

Have you ever had to face a Small Claims Court matter but couldn’t afford a lawyer and so you had an agent represent you? By agent, that could be a friend, family member or a paralegal--a person who is hired to act as legal counsel because they are trained in the law, but who are not fully qualified lawyers. Did you ever have an agent that did you more harm than good and you wanted to be rid of them?

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Pen
• Paper
• Agent retainer form

1. Put in writing when an agent is going to represent you, file it with the court and give a copy to the other party. There are forms you can fill out and sign at the courthouse, but a letter with your signature on it is also acceptable.
2. Specify in that letter or form that all correspondence will be handled between your agent and the other party. This prevents miscommunication between the parties and with the court and helps to prevent documents from getting lost because everything is being directed to one person.
3. Dismiss the agent in writing if you realize that you no longer want that agent representing you. Hand deliver a letter stating that as of this date, they are no longer to be involved with your matter, and ask for all your correspondence to be handed to you immediately.
4. File a copy of this letter with the court so that the court is aware that you are no longer represented by this agent and that they should forward all further correspondence to you or to your new representative.
5. Send copy of this letter to the other party and suggest that they now direct all correspondence to you or to your newly appointed agent or legal counsel.
6. Address the judge at the onset of the trial with this new information as a matter of courtesy, even though there will be a letter in the court file stating such. If you have hired a lawyer then they will address the judge of the change for you.

Tips & Warnings

• If you are not able to get all your documents or correspondence back from the agent to give to another agent or to use yourself, you can go to the courthouse and book an appointment before a judge asking for an order against the agent, forcing them to hand over to you all your documents. This appointment is called a motion.