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I would like to dismiss the attorney I hired to represent my son, he has done nothing to defend him. How much time do I have?

San Diego, CA |

There are many discrepancies regarding rape charges my son is facing and the current attorney does not communicate with me. He wants my son to be put away for life and not see the light of day. He is basing everything on one psyche report that my son took for one hour and a confession my son gave while under heavy medication and was denied an attorney when he asked for one. My son is semi-illiterate, brain damaged and does not even have a copy of his charges. I am not familiar with the legal process and not sure how much time I have before I can hire another attorney or should I leave it in the hands of a public defender. Also does it really make a difference to spend more money to get better service. Thank you

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Attorney answers 3


The attorney represents your son,not you regardless of who paid for the service. You cannot fire him; only your son can do that. It's your son's choice and his case, not yours.


You cannot "fire" the attorney. The attorney is ethically, legally and morally bound to your son, not to you. The decision to continue with the attorney is your son's to make, not yours. On the other hand, your son has the right to the attorney of his choice. If he cannot hire another attorney he should act quickly to ask his present attorney to arrange for the Public Defender's Office to be appointed. Although he cannot choose his P.D., some of the best attorneys in the County work as P.D's.


While this attorney does not have to answer to you just because you paid to hire him, there is something you can do. You can hire another lawyer, get your son to authorize the lawyer to deal with you to help him, and make sure the lawyer understands his mental challenges when you hire him, so that he knows why he needs to deal with you. Without knowing what state your son's case is at, I can't say whether the timing of a lawyer change is good or bad. Sooner is usually better than later. If the current attorney has actually stated that he thinks your son should be put away forever, then a change of counsel would be wise.

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