Another Question for Attorneys?

Question

Now I know it is something you don't like to hear...you know people talk bad about other attorneys let alone yourself talk bad but I have a question about an attorney. If someone pays you $30,000 to defend them on a Criminal case and you have a month and a week to prepare...what are you going to do? Our attorney had that exact time and he never once looked at the file until the DAY OF TRIAL. He didn't call not one witness or aliby to prepare them for trial, he didn't even call them to tell them when to be in court. It was us that called the witnesses and alibys. Actually he called one witness and told her to be there on a Wednesday and she was supposed to be there the Monday before. Thank goodness we called her to tell her and everyone else otherwise no one would have shown up. He didn't get an investigator like he said, he didn't investigate anything. He met with 2 of the witnesses for only 10 minutes and that was it and it was only to tell them to expect the other lawyer to be

aggressive so be ready. THAT WAS IT. Oh wait he did call one witness once but never again after that one attempt. That witness would have made a major difference in the verdict. Yet he only made one attempt. Oh and please tell me if this qualifies for conflict of interest. The trial attorneys brother was supposed to tri the case. He handed it over to his brother because he said he knew the accuser and her family very well. Yes these brothers worked in the same office. Then the attorney that knew the family actually came in the trial to check on his brother and offer assistance if he needed. I think thats Conflict of interest. How about conflict of interest with your client. I will explain...his attorney addressed the jury and made this statement "I don't know if my client is guilty!" Isn't that wrong. Aren't you supposed to represent your client positivley. If you don't know if your client is guilty what kind of message are you sending to the jury? wasn't he supposed to

believe his client and prove his innocence 100% and not make it seemed like he didn't know if he could trust him? What can we do? Is all that our trial attorney did is that considered Malpractice in any way? Is there something we can do to get a retrial or a fair trail (even though we lost the appeal and PDR). Please help..we have the proof to prove his innocence. If only the attorney did his job.

My questions are ...is this right? Is this fair? Is this considered Ineffective assistance of Counsel? By the way we did ask for a statemen of billing 2 and a half years ago and we were declined one. What do we do now?

We already lost the appeal and PDR. Only avenue left is Writ Of Habeas Corpus and possibly any thing someone might know regarding getting a new fair trial since our trial attorney did not give adaquate representation. We also had 2 different attorneys do the appeal and PDR. HELP ANYONE!

WE NEED A NEW FAIR TRIAL!

Answer 1

There are 2 avenues you can take.

First, about an appeal. Hire a new attorney who specializes in appeals, not merely a trial attorney. Talk to several in your area about the specifics of the case before hiring one.

Second, about the actions of the original trial attorney. Contact the State Bar in your state. Ask them how to go about filing a complaint against the attorney. Also, ask them what actions they will take and what the possible outcomes can be for you. Specifically, are there mechanisms in place for you to be compensated should he be found guilty of misconduct. It is an uphill battle and only you can determine its worth to you. Good luck.

Answer 2

Well, if you payed $30,000 for his services, did you sign any kind of contract? If so, does it say on the contract how many hours he will spend on your case, and/or anything else that reflects the performance ho should have given you? If so, and he didn't provide those services, then you have a case to ask for a refund. If there is a guilty verdict in the case you may also be able to get a new trial by saying your defense was not adequate. You may have a hard time proving that though, because he is a personal attorney. But it is still possible.

Answer 3

you can hire a new attorney and assert that but for the ineffective assistance of counsel, you would have had a different outcome in the original trial or the appeal. you need to disassociate from the original attorney. then if your new attorney succeeds in the appeal based on ineffective assistance of counsel, you will have grounds for a civil suit against the original attorney. it may be cheaper to write a detailed description to the bar association in the state about your claims. they are required to investigate any claims. and if he is as bad as you describe, you can be sure you will not be the first to complain.

Answer 4

whats the question?.....is this right or fair? no!....ask for a statement of billing.....he has to show his hours on an invoice and what was done during those hours