My WA State hired Attorney has me worried to death, how can I get out of his binding contract and not lose the money?

Asked about 2 years ago - Tacoma, WA

I was arrested for DUI and had a passenger with me. The officer claims he removed me from the car when actually I was already standing at the rear of my car. He lied and my passenger will testify to this. This is only one of many lies in his report. For probable cause to arrest the DUI specialist who arrived minutes later only had credible information from an officer who has lied. I was then only given the HGN test then taken in. The rest of the SFST report forms are blank. At the station the officer signed my BAC implied consent and all others as "handcuffed". I am 56 and disabled and hard of hearing. I have done all the research for my attorney and have not been told how he wants to proceed and I suspect I am getting sold out. Can I represent myself and put him in the role as co-counsel

Attorney answers (3)

  1. James Edmund Oliver JR

    Pro

    Contributor Level 13

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    Answered . I agree with the above. I'd also point out that your attorney can only charge you a fair amount for services performed. Whether the retainer is fair depends on the complexities of the case, your attorney's skill level, and hours spent working on the case.

    I have never seen a pro se attorney (someone who represents himself) do a good job in trial. DUI practice is a very technical area of the law requiring very specific skills. Sometimes non DUI lawyers show up on these cases and do a miserable job. Don't take any chances, hire a skilled DUI lawyer.

    Speak with your lawyer and find out what he's done on your case and what he might be willing to refund. If he acts unfairly, you can ask the Washington State Bar Association to take a look at your agreement for fairness.

    Good luck.

  2. Derek Michael Smith

    Contributor Level 16

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    Answered . If you have concerns about your how your attorney is handling you case, you need to discuss them with your attorney as soon as possible. You chances of winning the case without an attorney handling the defense are very small.

  3. Frank Mascagni III

    Contributor Level 20

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    Answered . The first thing you need to do is sit down with your paid attorney and voice your concerns and ask all the questions that you have. Ask him his plan for trial or plea bargaining or how he will challenge the evidence pretrial. Clear up any concerns. If you are still not pleased, seek the advice of another attorney and retain other counsel to defend you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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