QUESTION

What should I do if my attorney refuses to file a motion to dismiss stating I had no memory of the events?

Asked on Nov 20th, 2012 on DUI/DWI - Oregon
More details to this question:
My DUI Lawyer refuses to answer questions by e-mail and filed a motion to dismiss stating I had no memory of the events and cannot defend myself because of the time that has elapsed. First, I do remember everything. Second, he filed this without discussing it with me at all and then told me he doesn't expect anything to come of it.
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4 ANSWERS

James Edward Smith
Hire another attorney.
Answered on Apr 30th, 2013 at 12:23 AM

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John J. Carney
First of all, if he filed a motion he should have said that he had spoken to you and you told him certain facts or included an affidavit by you for it to be properly made upon "information and belief". Second, it is not a motion that will be successful, and if you did not tell him that you had no memory of the events he cannot properly make the motion. Third, a lawyer should always return your calls and emails the same day or there is a lack of communication and he is not paying attention to his clients, and that is not a god sign. I have never heard of such a motion and it is not going to result in any favorable decision.
Answered on Nov 24th, 2012 at 9:16 PM

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Michael J. Breczinski
Well I have not seen the police reports and do not know how much time elapsed before the matter was charged. Without that I have no idea how well your attorney is doing.
Answered on Nov 23rd, 2012 at 5:23 PM

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Family Law Attorney serving Gearhart, OR at Coast Family Law, LLC
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While I believe that the attorney should keep you up to date regarding your matter, I would also defer to his or her judgement as to how to proceed. If you are unhappy with the representation, you should first consult with the attorney. Find out why the attorney filed the motion - and try to understand the overall strategy. If you are unhappy with the result of that communication, get a second opinion, but do not terminate representation without another attorney ready to step in. You would not want to miss and filing deadline or fail to respond appropriately.
Answered on Nov 22nd, 2012 at 2:27 PM

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