What are my rights if I feel that my current attorney has not represented me fairly? - Criminal Law Questions and Answers- LawQA.com

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What are my rights if I feel that my current attorney has not represented me fairly?

My current attorney has not represented me fairly. He has not given me copies of court agreement to run cases concurrent. He is not returning my calls. I am due to return to jail on soon and I do not feel he has done his job. What are my rights?

Edward  D. Dowling IV Attorney at Law
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That depends on whether you retained this attorney or whether he is a court appointed one. If retained you can simply fire him and hire someone else. If court appointed you need to ask the judge to give you another attorney.

Answer Applies to: New York
Replied: 12/30/2011

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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You can appeal any plea or sentence, generally, and/or request a new lawyer. If you were sentenced, you should have been given an appellate rights form. If the court agrees to a substitution, they may allow you to get a new attorney. If the case is over, you can always get a new attorney. However, any substitution requires court approval.

Answer Applies to: Michigan
Replied: 12/28/2011

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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You can get copies of your court documents from the clerk's office. That is not an obligation of your lawyer. If your case has already been disposed except for you turning yourself in, then the representation has essentially ended.

Answer Applies to: Texas
Replied: 12/18/2011

Answer By Robert Scott

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You may contact the Attorney Grievance Commission in Crownsville, MD. You can get the number from directory assistance.

Answer Applies to: Maryland
Replied: 12/14/2011

Answer By Cindy Barton
The Law Office of Cindy Barton
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If your attorney is retained by you, you have the right to fire him or her and get a new attorney. If the attorney is appointed by the court, you have the right to tell the court you are dissatisfied and to see if the court will appoint new counsel. You do not have the right to choose your attorney if that attorney is appointed and paid for by the county.

Answer Applies to: Utah
Replied: 12/13/2011

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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People ask me this question a lot. I have no way of knowing if your attorney is doing a bad job. The fact hat you do not hear from him/her regularly is not the sign of a bad attorney. Perhaps he or she has nothing new to report and is trying to keep your legal fees manageable. If you sincerely feel your attorney is not adequately representing you, then file a motion with the criminal court - before the judge who is hearing your case, and request a new attorney. It is up to the judge.

Answer Applies to: Washington
Replied: 12/13/2011

Law Firm of Martin & Wallentine
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Fire your attorney if you are dissatisfied with his legal representation. The judge might not automatically allow your lawyer to withdraw. However, the judge likely will allow the withdrawal, especially if you have hired new counsel.

Answer Applies to: Kansas
Replied: 12/13/2011

Answer By H. Scott Basham

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There are a couple of things you can do. While a malpractice suit may not have very much chance of success, you can file a complaint with the State Bar if you like.

Answer Applies to: Georgia
Replied: 12/13/2011

Answer By Myles Hahn III

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You may wish to review the court files for your cases at the Clerk of the Circuit Court's Office. There may be signed court orders indicating if your sentences are imposed concurrently (as you state) or consecutively (in which case each sentence is added together.) Your judge probably said when he sentenced you if they are consecutive or concurrent. The State's Attorney may have a record. The court reporter may have typed what the judge said. If the judge sentenced you, then your rights are limited. There are ways to file a new motion if something was done incorrectly. You need to hire an attorney for further comment.

Answer Applies to: Illinois
Replied: 12/13/2011

Law Office of Michael E. Hendrickson
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Consider having this attorney replaced. (If court appointed, by writing a letter to the judge on the case detailing the credible and persuasive reasons as to why this lawyer should be replaced.)

Answer Applies to: Virginia
Replied: 12/13/2011

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