More details to this question:
I was cited with a DUI in August, the week later I was a passenger of an accident and we were rear ended the lawyer that I met at a coffee shop to come over talk about the case and we had in paperwork and said that he was going to represent us in both matters and now all of a sudden he's not returning our call this been over a month and now he's basically saying from the other insurance people that is not representing us. We went to his network of doctors we went to physical therapy in a put a lien or something like that on us or the case and now we're not getting any response from the lawyer we went to his office he's not there he's not answering my calls or anything. Now I have a hearing on the 20th for my DUI um the court case for the rear ended accident we don't even know what's going on we got to go see his doctor that he told us to go see and he's basically dodging us and he's not answering our calls or anything from what we leave messages and text messages in everything so we need to know what we need to do like fast.
9 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
4 Awards
I would recommend that you immediately find another attorney to represent you on the DUI matter immediately.
Answered on Nov 20th, 2012 at 3:57 AM
John J. Carney
If you retained the lawyer he has an obligation to appear in court and return your calls. If you did not retain him he may have decided that you are not able to pay him enough or that your amount up front is insufficient. Either way, you should retain another lawyer as he is not returning your calls and that is a sure sign that he is not a good lawyer. Good lawyers return calls, even if only to refuse to accept your retainer as insufficient. The only reason he would have to ignore you is that you are unable to pay what he requires.
Answered on Nov 20th, 2012 at 3:29 AM
Michael J. Breczinski
Did he file any papers saying he was your attorney in the DUI case? This paper is called an appearance. If so then he is your attorney until the judge lets that person out. But I would get another lawyer pronto.
Answered on Nov 16th, 2012 at 10:23 PM
Steven D. Dunnings
yes. Did you sign a fee agreement? Did the lawyer file any paperwork with a court indicating he was representing you, if so, he needs a court order allowing him to withdraw as attorney of record.
Answered on Nov 16th, 2012 at 10:22 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Yes an attorney can decide, for whatever reason , to no longer represent you. If you paid a retainer and there is any unused funds left, he needs to return the unused money. However, you explanation causes me to believe that there is more going on than you are saying. Generally, attorneys stop representing a client if the client doesn't pay, if the client lies, if the client is uncooperative
Answered on Nov 16th, 2012 at 10:21 PM
1 Award
An attorney can withdraw from a case, but he needs to judge's permission and he has to notify you. Since he has not done that, he should be still working on your case. If you are not satisfied with him, you can hire a different attorney to represent you. Ask the first lawyer to refund an portion of your retainer that he has not earned yet.
Answered on Nov 16th, 2012 at 10:21 PM
Of course he can. You never paid him, nor did you sign a contract. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Nov 16th, 2012 at 10:20 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that an attorney can withdraw from representation at any time. However, if he has made an appearance in court on your behalf, he must obtain the permission of the court (judge) to officially withdraw from your case. If there has not been a court appearance and the attorney has not made an appearance on your behalf before a judge, either by personal appearance or by filing a pleading with the court, he can withdraw from representation at any time. Finally, if you signed a retainer with this attorney, what does the retainer say about withdrawal of representation. I strongly suggest that you contact an experienced personal injury and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your situation. They would then be in a better position to analyze your cases and advise you of your options.
Answered on Nov 16th, 2012 at 10:19 PM
Family Law Attorney serving Eldersburg, MD
at
Law Office of Leo J. Keenan III, P.A.
Update Your Profile
Why would you want to continue to use an attorney who won't return your phone calls. Find a new attorney.
Answered on Nov 16th, 2012 at 10:19 PM