Legal Question in Criminal Law in Florida

I hired an Attorney to do a 3.850 motion and paid him 6,000 of the 10,000 he asked for to do the motion. I gave the Attorney a 20 lb. box of the transcripts and everything pertain to the case. Just as the time the 2 years clock was running out he filed the monition and we insisted on copy's of the monition he filed. The monition was nothing but a 14 page copy of a privies Motion for a new trial filed in the case earlier. We filed a motion to have it withdrawn and fired the Attorney and he will not give the box of files back that we need to try to file a new 3.850. What can I do to get the files back ASAP. I cannot afford to get new


Asked on 12/04/13, 6:23 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

I can not properly advise what to do in this forum. You need to talk to a new attorney for that. However, the ethics rules require the attorney to turn over documents needed for appeals, 3.850 motions, etc. You will have to pay copy costs if you haven't already paid for them. In other words, your transcripts, etc., that you have paid for can not be held hostage for non-payment of attorney's fees. You may want to talk to the Fla. Bar, but I would suggest you try talking to the attorney and tell him that you are getting the Bar involved as that might help. Best advice is to try and seek new counsel to get proper one on one consultation.

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Answered on 12/04/13, 10:00 am


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