Legal Question in Criminal Law in California

If my lawyer is my co defendant's previous lawyer can I fire him for conflict of interest?

Asked on 8/26/13, 4:49 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Sounds like a conflict of interest to me.

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Answered on 8/26/13, 5:07 pm

Zadik Shapiro Law Offices of C. Zadik Shapiro

Your question raises various issues. Is your attorney appointed or retained? If the attorney is retained you may at any time hire a new attorney and fire the old. If the new attorney needs a continuance to prepare for trial he/she will have to make a showing of good cause to get the continuance but the conflict is probably good cause. If the attorney is appointed she/he should ask the judge to be released and a new attorney should be appointed.

Also your co-defendant's counsel may ask that you be appointed a new counsel since your current counsel may have confidential information received from your co-defendant in the previous representation that may now be used against your co-defendant. If none of this works you may contact the state bar.

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Answered on 8/26/13, 5:15 pm

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