DUI Lawyers - Can I chage!!!

Asked over 2 years ago - Irvine, CA

I have DUI lawyer but he is pushing my DMV and court date for other cases, its been 2 months..

my question is, even though i did pay in full,and signed a retainer, can i ask for money back and hire new lawyer or i have to forget about and loose what i paid and hire a new lawyer??please let me know

Attorney answers (5)

  1. Kelly W. Case

    Contributor Level 14

    5

    Lawyers agree

    Answered . Without knowing your lawyer or his experience and capability of handling this type of case, I cannot answer your question. But honestly, 2 months is nothing. Sometimes these cases last a year or more. It does not mean that your lawyer is neglecting your case. It can mean that he is waiting for discovery, seeking further evidence. Two months is not a significant delay by any means. But more importantly, delay usually works in the favor of the defense. Every reset is a victory and I have to wonder why you want to be so quick to have a conviction? It makes much more sense to let the officer's memory of the event grow cold and take advantage of what he/she cannot remember about the stop and arrest.
    However, if you feel that your lawyer is neglecting your case and you, it may mean that you are not compatible and need to make a change. You have to understand that it is normal to be anxious about such an important matter and what you consider an emergency, may not necessarily be one. Sometimes when we are in the midst of s stressful situation we compound our problems by making one bad decision after another so I would urge you to think this through and take your time if you do decide to change lawyers.
    Strictly basing your decision on the amount of time you perceive is enough to reach a conclusion, is not the way top go about it. How long do other cases take? How long does it take to get to a trial? What is actually being done right now in your case? Are you waiting on discovery, or subpoenas to be responded to?
    It sounds like your lawyer is being crafty and working to position the case in your favor. Don't shoot yourself in the foot because you don't understand what he/she is trying to do. Hell, that why you hired them in the first place, so let them do their job.
    Good luck!

    Kelly W. Case
    www.KellyCaseLawFirm.com

  2. Philip Daniel Hache

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . You can always retain a new lawyer, and I am not privy to the retainer you signed with that attorney, so unclear if you would be able to get anything back. Has your attorney kept you up to date on what's going on with the case? Often times these cases can go on for a while, and just because the case is not resolved, it doesn't mean that your attorney is not handling your case properly. For example, I often put in additional discovery requests and subpoena discovery and or witnesses for hearings which can delay proceedings, but the point of doing that work is to better help the client. Is there a reason why you want to resolve the case sooner as opposed to later? And if so, have you relayed these concerns to your attorney?

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  3. Manny Daskal

    Contributor Level 13

    3

    Lawyers agree

    Answered . I agree with Kelly. Private attorneys often let cases age for a variety of reasons, primarily favorable to the Defendant. I suggest you meet with your attorney and find out what is going on with your case before you make any decisions. I agree that DUIs can take many months to resolve. In fact, most of my cases take about a year to go to trial.

  4. Bruce Allan Boice

    Contributor Level 12

    2

    Lawyers agree

    Answered . If you just want to plead guilty and take the standard minimum sentence you can get your case over quickly. However, that is generally not in your best interest. Communicate with your attorney. Don't be afraid to call several times and ask how things are going.

  5. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    Answered . You need to look at your fee agreement to see what you agreed to with him. Was it hourly or flat fee or true retainer. Good luck

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