What can we do if my brother is not happy with his attorney?

Question

My brother is not happy with his lawyer but he has his preliminary hearing in two months. What can we do?

Mark R. Thiessen · Answer

You can always fire your attorney and hire another one.

Jacob P. Sartz · Answer

If he has concerns, he should contact his attorney and discuss those matters. In most situations, the parties can work the issues out. However, if the relationship deteriorates to a point where they cannot work with each-other, he should look at hiring a new attorney.   If the matter is early enough in the proceedings and if the judge is willing to accept a substitution of council, he can hire another attorney. However, he should closely scrutinize any sort of remaining contractual obligations prior to doing so if his attorney was retained. It's not usual. Attorney-client relationships break down for a variety of reasons.   Most attorneys provide a free initial consultation. It may be worth a few phone calls if things do not work out.

Stephen Freeborn · Answer

Fire his attorney and hire a new one.  However, before doing so, your brother needs to ask himself why he is unhappy with his attorney. One of the first things I tell a prospective client when they come into my office is "I am going to tell you things you NEED to hear, not what you WANT to hear and if you are not comfortable with that, then perhaps I am not the attorney for you".  You don't say anything about what issue/charge your brother is dealing with and what the evidence may be against your brother.  Is your brother angry with his attorney because the attorney "can't make the problem go away"?   The reality of the situation can sometimes be hard to accept. However, having said  this, if, after considering all these factors, your brother still remains unhappy with his attorney, he can fire the attorney and retain a new one.

Jonathan Willett · Answer

Talk to his supervisor or bug the attorney often.  Otherwise, hire a new lawyer and ask for a refund.

Cindy L. Barton-Coombs · Answer

You brother does not have to stay with any attorney that he doesn't like.If his attorney is appointed, he would have to find money to pay an attorney, because the court will not let you choose what attorney the State pays for.A preliminary hearing in two months is really a long way off in legal terms. Have your brother really talk to his attorney about the things he feels.If he cannot come to a better understanding, he will need to look for another plan. It is important to be able to work and trust your attorney.Good Luck.

Jared Altman · Answer

Depends. If he was hired then fire him. If he was assigned then your brother can ask the judge to replace him. But the judge does not have to.

Craig Elhart · Answer

An attorney works for the client so you could always fire the attorney and hire a new attorney.  If the attorney is court appointed, you could bring the problem to the attention of the court.

Samuel H. Harrison · Answer

Hire another attorney. Your brother isn't bound to keep the attorney. Before doing that, your brother (not you!) should make an appointment to see the attorney and discuss his case.

James Lochead · Answer

Make appointments with one or two other attorneys and go and see them.  Don't wait until the last minute.  Now there is plenty of time to change atttorneys.

Michael J. Breczinski · Answer

Retain another attorney. If the attorney is appointed then if you cannot retain another attorney the judge would have to decide if he can be appointed someone else. You can only pick the attorney that you want if you pay for them.

Jeff Yeh · Answer

Get a new lawyer, who will show up at the PH and continue it to another date.

Jared Austin · Answer

Why is he not happy with his attorney? Is he not keeping him informed? Is he not doing his job? Or is it a matter of your brother not liking what he's being told? In any event, two months is a good way off with plenty of time to prepare. In any event, if he is displeased he is always free to hire a new attorney if this attorney is retained. If the attorney is court-appointed, he can petition the court to get a new attorney, but keep in mind that unless there is strong evidence to suggest that he is not doing an adequate job, judges are reluctant to appoint new counsel because we don't want defendants perpetually attorney shopping. If your brother has concerns over how his lawyer is doing, he should have a talk with him and address those concerns.

Kevin O'Grady · Answer

You always have the right to discharge your attorney.  However, if your attorney is court appointed you do not have the right to keep switching attorneys until you are completely happy with him.  You should hire a private attorney.  You should have made some determination about him before retaining him.

Eric Sterkenburg · Answer

If he is a private attorney then he can fire him and hire an attorney he likes. If the attorney is a public defender he does not get to pick which public defender has his case. He can however hire a privet attorney to sub in for the public defender.

Kathryn Hudson · Answer

Before the case progresses much farther you should consult with a few attorneys to see how differently they would represent your brother. If you find another attorney you trust and will stay engaged in the case and keep you informed you then relieve the first the attorney, the new attorney will file a Notice of Appearance and take over the case.

Philip Hache · Answer

You can hire a new attorney to replace your current attorney.  If necessary, the new attorney can request a "continuance" to get more time to prepare for the hearing, although 2 months time is likely enough to properly prepare.  If you are going to make a change in attorneys, I would recommend doing it sooner as opposed to later.

Joseph Dane · Answer

If the attorney is privately retained, you (or he) are always free to hire a different attorney to represent him.  They can take over the case and get ready for preliminary hearing.    If the attorney is a public defender, unfortunately you don't get to choose the one you want.  If there are substantial breakdowns in communication that make continued representation impossible or that jeopardize the representation, then the defendant can bring a Marsden motion.    Not being happy with the attorney isn't going to be sufficient grounds to get a different attorney appointed, however.  It's got to be substantial.

Robert English · Answer

It depends on a couple of factors. If you have a private attorney, you have every right to simply hire the services of a new one to replace the one that you don't like. If you have public counsel, such as the public defender, then you likewise have the right to hire a private attorney in place of the public defender. If you have the public defender and don't have the funds to hire private counsel, there is not much that you can do unless you are able to convince the court that your particular attorney is not competent, which is unlikely.

Michael Chastaine · Answer

You can hire a new attorney.  Two months should be enough time to get up to speed and be prepared for a preliminary hearing in most cases.

Eric Rothstein · Answer

Retain counsel if you can or if you can't ask the assigned counsel to advance the case so you can ask the judge for a new appointed attorney. It doesn't mean the new appointed lawyer will be any better than the current one.

Cynthia Henley · Answer

Two months is a long time. It is probably sufficient time for a lawyer to prepare in any type of a case. If your brother is not happy with the lawyer, hire a different lawyer to substitute in.

Daniel Kieth Martin · Answer

He can hire a different lawyer. If he has an appointed lawyer and the lawyer is not representing him then he can ask for a new lawyer to be appointed.

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