My husband is incarcerated. My mother in law is the one pressing charges against him. She also at the same time hired a lawyer to assist in his defense. In the 4 months my husband has been in jail, the lawyer has never contacted my husband to discuss the case or talk to him in anytype of way at all. I called the lawyer and he said that he cant talk to me because I didnt retain him, my mother in law did. I asked him how he can be working with the same person who is pressing charges against him and he said he works for who is paying him. My husband has had 4 court dates so far and he had no contact with the attorney and still does not know whats going on with the case because the attorney wont contact him and he wont talk to me. I want to know if this is legal and if not, who can I contact to report this? Couldnt this be grounds for the case to be dismissed??
1 Answer from Attorneys
Regardless of who paid or hired him, his client is your husband if that is who he was paid to represent. This seems like a rather clear conflict of interest to me. It doesn't seem to me that it warrants an automatic dismissal but it does seem to me that most Judges would have a problem with it since the complaining witness could simply hire an attorney and instruct the attorney to take no action so that the defendant would have to remain in custody.
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