We retained an attorney and paid up front (trial fee ,retainer and experts fee). No contract was ever given, the person was remanded under this lawyer lack of presentation and i was never given any paperwork nor was he after asking time and time again for it. Moving forward, he was fired in front of the judge in court because on the day of trial he asked for an extension of over 2 months, he stated he wasn't prepared.
He had months and enough money to get the job done, i had to personally hire two different expert's to get answers.
He didn't represent anyone at trial and he told us after hiring experts without our consent they were his friends for years,who now has no paperwork to show what they actually did for our case.
Now its time to had over my files to new attorney he gave some and we now have to chase after his good friends (expert) to get the other files, is this normal practice? He also recently got another report from one expert and hadn't give that up either and the person confirmed they gave it to him a week after her was fired.
There's so much more to this lawyer, i want to know if a lawyer have the right to hold my files hostage and slow down my current case
You are entitled to your entire file. If you cannot obtain it, file a grievance with the local grievance committee.
This response is for general information purposes only, should not be relied upon as a final statement of the law applicable to your situation, and does not create an attorney-client relationship.
The short answer is that the lawyer must release all files to you unless you underpaid and the lawyer invokes a retainer lien on those files. Your facts do not indicate if that is the case.
A longer answer may not be possible. We do not know the nature of the criminal action and we do not know the judge. If this is a domestic violence prosecution, then remand happens in almost all cases because of the federal money. The court makes it appear as if the lawyer is the bad guy in order to mask its execution of the policy to enforce laws meant to eliminate domestic violence.
We do not know what experts were called and why. We do not know their work product: it may have been sealed by the court so you would not get that.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
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