Do the lawyer need to be present at the preliminary hearing?

The Attorney I hired was present at the bond hearing, but refused to go to the preliminary hearing. Do he need to be present for the preliminary hearing since he represented me at the bond hearing? The judge and newspaper have him listed as my attorney, but he states he was not hired for the case, he just show up after receiving a retainer fee and a quoted legal fee at the bond hearing. - Is this your question? Add additional information
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Joseph Briscoe Dane

Joseph Briscoe Dane Avvo Pro

Contributor Level 8
It depends on the contract you had and the terms of the representation he agreed to. If he was only retained for the bond hearing, but not the preliminary hearing, then he can asked to be relieved. If he was retained for all purposes or for the preliminary hearing (or however your arrangement was), then he must represent you unless relieved and allowed to get off the case by the court.

I'd suggest a phone call to your attorney to discuss what the issue is. Where you go from there depends on the terms of your retainer agreement. If you feel you're in the right and he was hired to represent you through the preliminary hearing, you can always pursue a complaint through the state bar association. Of course, that doesn't alleviate the underlying issue - you need a lawyer. If your current attorney refuses and is somehow off the case, you'll either need to hire another one or request a public defender if you cannot afford another lawyer.

The most important thing is protecting yourself in the criminal case. You can always pursue any action against your current lawyer, but don't let the criminal case go ignored.
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