Legal Question in Criminal Law in Kentucky

lawyer,death

what happens to the clients when the lawyer dies or what happens to the case i have court in two weeks how long do i have to get another lawyer


Asked on 2/22/09, 6:52 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: lawyer,death

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Was your lawyer a sole practitioner, or did he have other lawyers in his firm, one of whom can go to court to tell the judge you need a continuance in your case.

2. Is your case a civil or criminal matter?

3. Are you in a big city or a small town? (In smaller towns, all the judges and attorneys will know about your lawyer's death, and getting a continuance will be easier.)

Clearly, two weeks is insufficient time for a new lawyer to prepare to represent you. You need to find a replacement lawyer immediately, and he will be able to obtain your files from the person handling the deceased lawyer's affairs.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 2/22/09, 8:18 pm


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