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MOTION TO DISMISS COUNSEL DENIED!

Fairfield, OH |

Should it be appealed?

Attorney Answers 3

Posted

It depends on the reasoning behind the decision.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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2 comments

Asker

Posted

The judge indicated, that the prior representation was not the same as the current representation,. A firm that represented me in the past on a patent matter is now defending against me on a copyright matter.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Ok. court found no conflict. If the prior termination was over, and the matter is of a different type, courts generally permit the firm to stay on.

Posted

Assuming this is a criminal case, and your counsel was paid out of public funds, the court is within its discretion to deny you substitute counsel if it concludes there is no substantial basis for a new attorney. I'm also assuming you want new counsel, because it is well-established you have the constitutional right to represent yourself, however ill-advised that would be.

You have rights also however. You have the constitutional right to conflict-free, competent counsel. And "competent" is judged, not by who the attorney is, but his preparation, investigation, and legal analysis in your individual case. A common complaint may defendants have of their public defender or court-appointed attorney is lack of communication. And I'm of the belief that, even if the attorney does little else on the case, a thorough client interview and regular communication with the client is critically important to representation that will pass constitutional muster. In this regard, you also have the right to an on-the-record hearing regarding the issues you have with your attorney. Therefore, regarding your question about whether to appeal, that would depend on how the hearing went (if you had one), and the judge's reasoning.

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Posted

If this is a criminal case, the court has a lot of leeway in preventing a person from representing themselves. In a civil case, which this appears to be, there may be less leeway and the court's reasons for denying this is important. One issue I can see is when someone is a defendant, the case has been going on for a while, and the court sees this as a delay tactic-they will liekly deny the motion.

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3 comments

Asker

Posted

Thank you, I don't think the Judge thinks, it was a delay tactic because, I was a former client of the firm; however she indicated I had no evidence to show the matters from the former representation and the one counsel is defending against was the same. One of the attorneys indicated through sworn letter to the courts the matters were unrelated. Also I indicated in the motion, I was a client and provided the client number given to me by the firm. This information was not addressed, can I request my file, my invoice of services that was rendered when I was a client, and have the person from the firm that indicated I was client #, through an evidentary hearing through appeal? Or it’s a waste of time and then may be viewed as a delay tactic?

Asker

Posted

It is a civil case....

Asker

Posted

Yes

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