I am moving the topic as your question was mis-assigned. You may want to repost your question using the terms of the specific legal speciality.

This has been happening more frequently. Legal malpractice attorneys have been dealing with this issue. Consult with experienced legal malpractice...

I am moving the topic as your question was mis-assigned. You may want to repost your question using the terms of criminal defense.

The lawyer may not. Yes you might have a legal malpractice lawsuit. The viability of such a case would depend on other facts.

While there may be certain rights, the prosecutor may be immune from such a lawsuit. Consult with experienced malpractice attorneys in the state...

Many states have an Alternate Public Defenders” office for just this situation. Or, they may appoint and pay a private attorney.

The new attorney could handle, otherwise, ask the court to continue and what they require (which might be an agreement from the opposing attorney).

You can sue in small claims, or initiate fee dispute arbitration. But it may be that you are not entitled to any refund.

You may have a fee dispute case you could bring in small claims or fee dispute arbitration.

It may be legal malpractice and ethics violation. To have a viable case, harm, and in particular financial loss, needs to be shown.

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