Skip to main content

REPLACING MY PD WITH A PRIVATE ATTORNEY....

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.

+ Read More

Attorney answers 5

Posted

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 be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Posted

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 purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

Peter M. Navis

Peter M. Navis

Posted

Funny that you think having the wrong attorney listed as the attorney of record is a mere clerical error.

Posted

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.

Posted

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 anyone reading the question and/or answers provided. There is no specific legal advice provided. Specific advice cannot be given without first forming an attorney/client relationship. This informational answer is not legal advice, and should not be relied on, since it is impossible to appropriately evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

Posted

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!