REPLACING MY PD WITH A PRIVATE ATTORNEY....

Asked almost 3 years ago - Madison, WI

I PAID MY PRIVATE ATTORNEY 2 WEEKS AGO.... AND ON MY CASE REPORT IT STILL READS PUBLIC DEFENDER IS REPRESENTING ME. I DIDN'T PAY HIM IN FULL BUT WE MADE A AGREEMENT TO PAY THE REST MONTHLY. HOW LONG WILL IT TAKE IF MY ATTORNEY EVEN PUT THE INFO IN THE THE DA'S OFFICE.

Attorney answers (5)

  1. Edward Jacob Sternisha

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . You are being charged criminally and have plenty of things to worry about. This is NOT one of them. This is a complete non-issue for you. It really does not matter what it says, you hired your own lawyer and that is who works for you. The case file will eventually be updated but your lawyer is on the job now. Trust me, the criminal justice system has plenty of things you will be frustrated about as far as the speed of things, don't let this clerical issue bother you!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  2. Peter M. Navis

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Wow. Why any non-Wisconsin attorney would answer this question, I don't know. Do you know our criminal code? Court procedures? And then, other non-Wisconsin attorneys mark the "answers" as good. How can you know if an attorney licensed in, say, Michigan, knows what he's talking about for Wisconsin issues? I just don't get it.

    It actually IS an issue for this individual. The Court will mail notices to the attorney of record; other parties will also mail correspondence and other documents based on the attorney of record. If the Court and other parties don't have the accurate information, then they will send the notices, etc., to the wrong attorney. The potential for a missed court appearance and consequences from a missed appearance are NOT insignificant, at least in Wisconsin.

    Contact your new attorney and request that they file a Notice of Retainer. That way the Court and the Clerk of Court will have the right contact information.

    The foregoing is intended to merely provide additional information to the individual posting the question and to... more
  3. Karyn T. Missimer

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I write to add the Wisconsin attorney's answer is correct.

    Also, you should be directing these questions to the attorney you hired to represent you. After all, that is what you are paying him or her for. Please be respectful of the time put in to answer your questions on this forum. If you have an attorney, use him or her.

    Good luck!

  4. Clifford Michael Farrell

    Contributor Level 19

    2

    Lawyers agree

    Answered . REPOSTED UNDER CRIMINAL DEFENSE - NOT AN ETHICS ISSUE

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more
  5. Rebecca A Nitkin

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . In our jurisdiction the attorney must enter their appearance within five days of being paid. However, sometimes the agreement stipulates the money will be held in escrow until x amount is paid and then they will enter. Due to the fact your attorney accepted money your attorney is now responsible for you and your case ethically.

    If you stepped foot in the courtroom for a hearing and your attorney was not present you would be asked if you paid her. You would answer yes and then the attorney would be called in to answer to the court. You are fine, really. We all follow the code of ethics.

    One more thing, the clerks take a while to catch things up. They also will add your attorneys name, not remove the PD's . As counsel before me said, this is one thing you do not need to worry about. Good luck.

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