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    missi79's Avatar
    missi79 Posts: 3, Reputation: 1
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    #1

    Aug 10, 2007, 01:03 PM
    Firing my lawyer
    I was wondering.. I need to fire my attorney . Due to his lies about not charging me. I can not afford a new attorney because Im on disability. Can I fire him and ask the court to be appointend a public defender?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 10, 2007, 01:41 PM
    You will have to meet the court rules and guidelines for an attorney.
    For example in GA if you are on bail, you can't get a appointed attorney, since they assume if you have money for bail, you can afford an attorney.
    * at least the courts I worked with*
    kanicky73's Avatar
    kanicky73 Posts: 484, Reputation: 63
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    #3

    Aug 10, 2007, 01:43 PM
    Correct me if Im wrong here too but isn't it conflict of interest for another attorney to take on a case that is still open if there are unpaid dues to the previous attorney? Maybe this is just a WI thing, but wanted to throw it out there.
    missi79's Avatar
    missi79 Posts: 3, Reputation: 1
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    #4

    Aug 10, 2007, 05:16 PM
    Well I had this lawyer for a previous case and he worked off the bond that I had for that case . And while I had the other case pending I had a PTR. And he said don't worry about it that I didn't have to pay. And now he is charging me. And he knows I don't have the money... IM in the state of IL... I know how it works to get a publicm defender but I do not know how to fire my attorney and ask to be appointed a public defender.
    GoldieMae's Avatar
    GoldieMae Posts: 263, Reputation: 89
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    #5

    Aug 10, 2007, 05:26 PM
    Quote Originally Posted by kanicky73
    correct me if Im wrong here too but isnt it conflict of interest for another attorney to take on a case that is still open if there are unpaid dues to the previous attorney? Maybe this is just a WI thing, but wanted to throw it out there.
    No. It's not a conflict of interest.

    Many attorneys are reluctant to be retained by someone who hasn't paid the attorney fees to another attorney, but there's no conflict of interest in taking the case. I'm not aware of a rule like that in WI or any other state.

    A conflict of interest arises if the attorney has represented the other side in some cases. However in criminal law, a prosecutor can always quit and become a criminal defense attorney. What a criminal lawyer cannot do is represent a defendant, and quit and start prosecuting him, or act as the prosecutor in a different case against the defendant because the attorney has too much private knowledge.
    missi79's Avatar
    missi79 Posts: 3, Reputation: 1
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    #6

    Aug 10, 2007, 05:34 PM
    OK IM still not getting this. I have a lawyer who said he would represent me in my case for free. After 3 months of continuing the case he billed me 775.00 and now it has been a year later and all continuces and I didn't get an itemized bill and now he says I owe him 1,775.00 and I have court in 4 days and he told me to come to court with the money . And that's that . He never tells me what's going on with my case. We have poor communication . And the main thing I can not afford him. So there for with the ignorance that he has towards me by telling me nothing but to shut up and sit there. Im confused
    GoldieMae's Avatar
    GoldieMae Posts: 263, Reputation: 89
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    #7

    Aug 10, 2007, 05:37 PM
    Do you have a written agreement/retainer with this lawyer? Did you sign something saying you would pay money? Most lawyers get it in writing.

    If this lawyer really intended it to be pro bono work, then you should tell the court that. You can always fire the attorney. Call the clerk for the judge who is hearing your case and tell him or her you intend to fire your lawyer and why. The court doesn't necessarily have to give you a public defender. You have to show that your position has changed and you can no longer afford an attorney. But the first thing you should do is call the judge's law clerk. You will not be allowed to talk to the judge. They call this an ex parte communication and it is a major no-no.

    Then, call your lawyer and say you need to have a hearing in the court for the appointment of a public defender and explain that you cannot pay the fees. You should also write your lawyer and say exactly why the lawyer is being fired. You will need to keep a copy of the letter. Explain exactly what you said here, that the lawyer agreed to do the work pro bono, and that you have relied on the lawyer's representation to you that you would not be charged.

    The judge is likely to be annoyed with your request, but they're required to at least entertain it.
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