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How do i fire my appointed lawyer?

Denver, CO |

my appointed lawyer has not done anything ive requested of him and is dooing a horrible job at defending me. no pretrial motions have been filed and my trial is set. how do i get a new lawyer? i dont have any money being as ive recently been released from jail. do i file a motion or write a letter to the judge? HELP

Attorney Answers 4

Posted

Your best bet would be to schedule an appointment with your attorney and talk to him / her about your concerns. Judges have a tendency to get upset with defendants who write them letters behind their attorney's back. Most of the time your concerns can be reduced if you take the time to talk to your lawyer.

Contiguglia / Fazzone, P.C. / Standing up for you, when others sit down! / www.contifazz.com / Just because I answered your question, that does not create an attorney - client relationship between us unless and until there is a written fee agreement in place formalizing our attorney - client relationship.

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ive already voiced my problems with my lawyer and disclosed my conflict with his council but he didnt seem to think this was an issue. gov was trying to get my a 5k but he is closely tied to the people they were wanting information about and also represents a client who they are wanting information about. i feel a conflict exist but he thinks not?

Posted

Honestly you are unlikely to get a new lawyer. I've watched more attempts to fire public defenders than I can count. The vast majority of times the court is going to give you the option of staying with the attorney you just tried to fire and who you essentially called incompetent because the court very frequently finds no conflict or for you to represent yourself if you can't hire your own attorney. You can submit your request to the court or through your attorney. Anything you personally put in that letter motion can be potentially damning for you. So be aware. If you truly want a new lawyer, your best bet is borrowing/selling/doing whatever you can to hire an attorney. But, I get that is impossible for some just like getting a new attorney is impossible for some. If hiring someone is truly not an option, you should consider trying to mend bridges with your attorney before calling him incompetent in open court.

Regardless, best of luck to you.

Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.

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ive already voiced my problems with my lawyer and disclosed my conflict with his council but he didnt seem to think this was an issue. gov was trying to get my a 5k but he is closely tied to the people they were wanting information about and also represents a client who they are wanting information about. i feel a conflict exist but he thinks not?

Nicholas Lubchenco

Nicholas Lubchenco

Posted

Determining whether a conflict exists or not is a very very tricky area of law that is incredibly fact specific. I wouldn't hazard a guess without all the facts. What I said above is the way most of these shake out. Not all though. Good luck.

Asker

Posted

thank you for your assistance

Posted

My colleagues are absolutely correct. If you have ADC counsel, that means that there is a conflict with the Public Defender. You do not have the right to counsel of your choice and most ADC attorneys do a pretty good job in CO. Sometimes there is no basis in filing pretrial motions. You likely simply will not get another court-appointed attorney. You will either need to work out your differences with your attorney or represent yourself. Sorry.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Posted

I agree with comments listed above. As an attorney that accepts court appointments, I frequently come across this issue. If your current counsel is a public defender, the first step is to try communication. If that doesn't work, the only way to get another court appointed attorney (i.e. ADC) is if your current attorney believes there is a conflict of interest. Otherwise, if you try to fire your court appointed counsel, you run the risk of having to represent yourself. I don't know what your case is about but I strongly feel that you would be making a terrible mistake if you represent yourself.

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