Is there a certain recourse that one could take (other than Civil Court to sue) to recover money paid to an attorney (at least in part) when services were not performed, for the money given, and the attorney was fired because of misrepresenting (lying to the client) on his choice of plea/alternative action. This is a criminal case. The attorney had been given (hand delivered) every item from The Discovery to statements from defendant /and or defendants' family , on defendants behalf, For over a year attorney had only continued case. The attorney has NO other clients, and apparently stays heavily medicated. The attorney called the defendant the morning of Superior Court date and tells him, " You need to take a plea..I am not a TRIAL lawyer" and he was having another attorney stand in for him on that morning.
PLEASE HELP...with a FREE answer..as I am the defendants' mother, and we are out of money, and my son is INNOCENT. Thank-You..
1 Answer from Attorneys
Promptly request the court appoint a public defender to review the case and take over, requesting a continuance to sort this out. If that is denied, you will have to try to find a new attorney to hire, or go 'pro per', which is not a smart thing. If the court understands and believes your allegations about the attorney, it should allow you time and appoint the PD.
If the attorney actually misled you and failed to prepare the case, you can file a misconduct complaint the the State Bar of CA to have them investigate. You can also file a 'fee dispute' complaint with the local county Bar Association. They each have the power to order refund, among other things.
Related Questions & Answers
I was pulled over back in january i was told i made an improper use of turn signal... Asked 4/12/13, 12:57 am in United States California Criminal Law
I was cited for a misdemeanor charge of furnishing alcohol to a minor, and am... Asked 4/11/13, 2:21 pm in United States California Criminal Law
Felony downgraded to misdomenor, civil rights restored 25 years ago. Will background... Asked 4/11/13, 7:03 am in United States California Criminal Law
I am being investigated for a child sex abuse claim that happend 3 years ago. The... Asked 4/10/13, 4:59 pm in United States California Criminal Law
How long can a detective in california investigate a child abuse claim before they... Asked 4/10/13, 4:32 pm in United States California Criminal Law