Q: I asked opposing counsel for permission to file a Second Amended Complaint in pro se second federal circuit court action. They responded that they would like to see it before they consent. Is this a delay tactic to get me to miss the deadline for filing a motion requesting permission to file? Or do lawyers show each other their hands before playing cards? I also offered to provide them a blackline. There are extensive changes to one tricky color-of-law section, which is the point of amending, plus aliases added to an elusive defendant. PS: Two lawyers already blew this civil rights action; it is a specialized area, but everyone thinks they know civil rights.
A: David's Answer: Could be them playing game with you because you're representing yourself - expect more of the same. But here's the practical issue - if you file a motion to amend your complaint, you'll need to attach the unredacted amended complaint anyway. In any event, based on your prior experience with the lawyers, my best advise is to schedule a consultation with a Civil Rights lawyer who handles such cases as a significant portion of his/her practice. -- David Bliven, Bronx civil rights lawyer (www.blivenlaw.net)
David Bliven is a former prosecutor who handles police misconduct cases as well as governmental agency (CPS & ACS) misconduct and fair hearing matters. His website can be found at www.blivenlaw.net.
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