I signed a contract stating My lawyer would represent me on case number XXXXX for XXXX amount of money.I didn't accept the plea he so strongly urged me to take, now im going to trial and i know he isn't prepared. Iwould like to fire him and hire a lawyer who will fight for me, but i need the money i already paid to him for representation. HOW DO I GET THAT $ BACK IN A TIMELY MANNER SO I CAN HIRE ANOTHER LAWYER W/OUT DELAYING MY CASE TO MUCH LONGER???
2007-09-02 02:17:19 · 13 answers · asked by ern.ev2u 1 in Politics & Government ➔ Law & Ethics
You pay a lawyer for his time and resources, that you chose not to listen to him isn't his fault.
He has kept a list of the times you called and how long, and the amount of research, if any his staff put into your case. You simply ask him to return the unspent money and you fire him.
You won't get back all your money anyway. There is a fairly good possibility that if you go to another lawyer they will tell you the same thing and you will have spent money needlessly.
Or you might have a losing case and get a lawyer who will tell you what you want to hear instead what you need to hear, and drain your bank account.
2007-09-02 02:29:36 · answer #1 · answered by justa 7 · 2⤊ 1⤋
Wait a minute--there may be a solution. I'm a lawyer, butI don't do criminal defense. I do prosecutions so this is coming from the other side. Call your state bar office on Tuesday and get a complaint form for the Disciplinary Board and report your lawyer. Name the judge as a potential witness to the misconduct. Next--without hiring another lawyer--file an immediate letter motion for a continuance stating your lawyer is unprepared for trial. Put the case name and number on the motion, send a copy to the prosecutor and the original to the court clerk. (Courtesy copy to the judge.) Find the best criminal defense attorney in your area and get the money for an hour of his/her time. Get a fresh prospective on your case from someone who's a proven winner. Remember, however, there's an OBLIGATION for a lawyer to tell you about a plea bargain offer, even if it's bad. However, your lawyer shouldn't be urging you to take it if you've said "no." He works for you just like someone who would hire to build a fence. The real question is whether you can win at trial. The prosecution must prove you're guilty "beyond all reasonable doubt" and that's a very heavy burden. YOU need to also analyze your chances of winning realistically--but my suggestions will delay it. If you raise "ineffective assistance of counsel" as a problem (which is what my suggestion does), the judge has to delay the trial to avoid reversal on appeal. How to get a good lawyer? Ask everyone you know for a referral. There are a lot of good and ethical lawyers, but they don't advertise because they don't need to do so to get clients.
2007-09-02 03:06:16 · answer #2 · answered by David M 7 · 2⤊ 2⤋
You don't., that money was for his time, you can certainly release him from your retainer with him and ask for an itemized bill and a refund of any funds remaining... you might get something back.
Also, I would ask another attorney to simply review your case for a couple of hundred dollars. If he feels a plea deal is the way to go, the handwriting is on the wall.
Good defense going to trial is anywhere from $10,000 to $50,000, depending on how many charges and how many days in court. Murder trial could be $500,000.
2007-09-02 02:25:18 · answer #3 · answered by Anonymous · 0⤊ 1⤋
You can rescind the contract between you and the lawyer since you have valid grounds and discretion to find for an effective lawyer. It is allowed under the rules of the court.
2007-09-02 04:02:37 · answer #4 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
Let's put it this way ! A honest lawyer is an oxymoron ! Only a few are going to co-operate with the "wasted "$$$$ you think that you have coming back( don't count on getting any of it back) . Most will also advise you to settle because it is really in THEIR best interest that you do . Thus a quick settlement is :
1... They don't have to prepare for trial
2...They get their $$$$$$ faster
3...You get screwed and tatooed
4 ..They can get on with their wealthy lives and pretty wives
5...Wait for the next desperate client to start the prossess over
6....You get to get on with your less $$$$ than his life
7..... ETC., ETC.,ETC., ..... GET THE PICTURE ?
2007-09-02 03:11:30 · answer #5 · answered by 1wiseguy 3 · 2⤊ 1⤋
Long and short of it, your money is gone. Do not even try you will just get a bill from the court that you will have to try to sue in front of later. Let it go and learn the best lesson there is about lawyers--they are scumbags and that is a fact!!
2007-09-02 04:07:21 · answer #6 · answered by Anonymous · 1⤊ 1⤋
My mom is in an analogous difficulty each so often the legal professionals has respectable clarification for doing so yet fail to describe to you. the final element is to confront, dont artwork against him, your criminal specialist and your self could desire to artwork as a team. refer to him/her and if he's doing what you're doubting then get yet another criminal specialist. yet first- talk
2016-11-13 23:53:15 · answer #7 · answered by bojan 4 · 0⤊ 0⤋
No refunds, but I feel for you. A crummy attorney is the worst injustice. Try to explain to another one??
2007-09-02 02:26:44 · answer #8 · answered by PATRICIA MS 6 · 2⤊ 0⤋
Heh.......reminds me of an old joke...........What do you call 1000 lawyers going down with a sinking ship? A GOOD start.
2007-09-02 03:50:40 · answer #9 · answered by biiiiigdooooog 2 · 1⤊ 1⤋
You most likely will not get your money back in a timely manner.
Call legal aid and ask them about this.
2007-09-02 02:26:45 · answer #10 · answered by Anonymous · 1⤊ 1⤋