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What recourse does an incarcerated client have when his/her attorney will not communicate with that client

Denver, CO |

Client has been charged with DUI. Client took Ambian night before, slept for 8 hours. Client was arrested next morning at 8:30 a.m. for DUI. Blood work returned 0% for alcohol, trace of Ambian. A certified note from Pharmacist who dispensed and Dr. who prescribed stated the patient should be able to perform normal activities if taken as prescribed. Clients expectation are that attorney would provided information to Prosecuting Attorney and request dismissal of charge. Attorney will not contact client in jail or return calls to client. Non communication has been an ongoing behavior on part of attorney. Is it possible to get $10,000 up front fee paid to attorney returned and to retain another attorney who will communicate with and aggressively represent client?

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Attorney answers 3


You have a right to terminte your attorney and the attorney is requird to return any portion of the fee that he or she has not earned through work they have performed to that point. Non-refundable flat fees are not allowed in Colorado.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


Terminate the attorney and hire another attorney who is much better at communication. $10,000 retainer for a DUI case. That is absurdly expensive. Most attorneys in the Denver area handle DUI cases for about 1/4 of that cost. The retainer is refundable - as Mr. Harkess stated. There is no exuse for not contacting the client in jail (I am visiting with clients in jail both yesterday and today on the weekend) and not communicating with you. This is simply unacceptable. You need to ask for a refund of any unearned portion of your retainer, ask for an accounting of the hours actually spent on the case, and simply hire a new criminal defense attorney. Most of us offer free consultations and would not charge you anything close to what his current attorney has charged.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


You have asked this two or three different ways. Follow the guidance you are receiving.

Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.