Can i fire my court ppointed lawyer and bring in a private attorney right before trial starts

Asked about 5 years ago - Plymouth, MA

trial starts monday and i dont want the court appointed on the case anymore

Attorney answers (8)

  1. Jason Y. Chan

    Contributor Level 14

    1

    Lawyer agrees

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    Answered . It may be difficult, but you would need the judge to allow you to do that. The attorney that you hired needs to file his appearance and depending on what judge you get and how long your case has been pending may allow you to switch.

    Attorney Jason Chan
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  2. Phil A. Taylor

    Contributor Level 14

    Answered . Do you want the trial continued due to hiring a new attorney? Generally, you can discharge your attorney at any time if new counsel will be appearing. If new counsel will be ready to proceed on Monday, then this may be possible. Do you have an attorney that will accept a case going to trial on such short notice?

    Court appointed counsel are excellent attorneys and the one you have has lived with this case for a while. If you have concerns, it may be better to try and speak to counsel about the concerns.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.

  3. Henry Lebensbaum

    Contributor Level 20

    Answered . You had better have a good reason for this. If you do, then the court may well act favorably.

  4. Joseph K. Chancellor

    Contributor Level 13

    Answered . I am happy to discuss this situation with you. Call me if you are still concerned and need a new lawyer. I can be available. Joseph Chancellor www.chancellorlaw.com
    (617) 725-2675

  5. Michael L. Tumposky

    Contributor Level 12

    Answered . If your private lawyer is ready to go on the trial date, then you should have no problem. If he needs a continuance then you will have to convince the judge.

  6. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . I agree with Mr Chan. Here in NJ, the Court would be concerned that the new lawyer would not be ready to start the trial as scheduled, and would likely view this as an attempt to delay the case or gain an advantage. You and the new lawyer would need to be prepared for trial, or provide a sufficient basis to convince the Court of the necessity of the replacement. Good luck.

    Disclaimer
    This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.

  7. John M. Kaman

    Pro

    Contributor Level 20

    Answered . You can always substitute in a private lawyer for an appointed one. As far as that delaying the case the problem is yours not the state's. You'll have to wait for the new lawyer to get up to speed but if you waive time that is no problem for any rational judge.

  8. John M. Kaman

    Pro

    Contributor Level 20

    Answered . You can always substitute in a private lawyer for an appointed one. As far as that delaying the case the problem is yours not the state's. You'll have to wait for the new lawyer to get up to speed but if you waive time that is no problem for any rational judge.

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