in jail...8 months and the attorney has only done one deposition of a witness...we have suggested many other ways to get evidence and he does not move on it...our friend has no money left..the attorney already took his last $4500.00 and does not return our calls when we ask what is happening...my friend is in another state and we feel helpless..please help us ...he is guilty of bad judgement, but not of the crime he is chrged with and there is a lot of proof to show that, but the attoney doesn't move on it...what do we do ?
2006-08-04 11:47:33 · 3 answers · asked by m m 2 in Politics & Government ➔ Law & Ethics
You should report an unresponsive attorney to the state authorities charged with discipline of attorneys. In some states it is the state bar association in others it may be a division of the state supreme court. Call a local bar association to find out who to contact. If the attorney is subject to discipline your friend may also be able to get some of his money back.
2006-08-04 12:56:10 · answer #1 · answered by dizneeland 3 · 1⤊ 1⤋
Only a client can fire his attorney. He needs to do this by requesting his case be transferred to another lawyer, possibly a public defender if he cannot afford his own. There is a probability then that the new lawyer may be able to take up the reins and uncover new evidence supporting your friend's case.
You say that the attorney will not return your calls, but it is probably the case that he is respecting the client / lawyer confidentiality rule and cannot disclose matters to you unless your friend directs him to do this.
The way forward on this is to contact your friend and see if he is happy with the conduct of his attorney. Also ask him if he could instruct the attorney to keep you advised on developments in his case.
My point is that times are traumatic for friends of someone in custody, but your concerns about the conduct of his case might be eased a little if you knew what was going on...only your friend can authorise this, if he wants to.
2006-08-04 12:05:35 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The defendant can petition the judge overseeing the case to appoint new counsel on the grounds that his current counsel is not adequately defending his interests.
Or the defendant can fire him and then request new counsel.
2006-08-04 12:00:05 · answer #3 · answered by spotts1701 4 · 0⤊ 0⤋