QUESTION

How do I fire my attorney and cancel my request of the court?

Asked on Nov 07th, 2013 on DUI/DWI - California
More details to this question:
I need to fire my attorney due to his unethical behavior. In addition, I hired him to file this motion based on information he gave me when we had our first interview, I have learned this information is incorrect. My legal situation is now a big mess and I need to put it back as it was prior to hiring this attorney so I can put this behind me. This is in San Diego, Ca.
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5 ANSWERS

Criminal Law Attorney serving San Diego, CA
This may be the last thing you want to hear because perhaps you are tire of discussing your situation with attorney but, just the same, you need to discuss your situation with an attorney. The reasons are that your question needs clarification, i.e., additional questions must be answered before I know how to advise you. For example, what unethical behavior did your current attorney commit? How do you know it was/is unethical under the context? Why do you want to return the status quo back to before you hired the attorney and not correct the problem for which you initially hired him or her? That is, why correct your legal situation's big mess?
Answered on Nov 12th, 2013 at 9:54 PM

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You need to hire a new lawyer if you hired the first lawyer. If he is court appointed or a public defender you can ask for a Marsden hearing. You might want to talk to your current lawyer, maybe he based his advice on your information which was contradicted by the police report and/or his investigation of the case. Sometimes I tell clients, if that is true, then we have a good issue.
Answered on Nov 12th, 2013 at 5:27 PM

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Civil Practice Attorney serving Encinitas, CA at Law Offices of Ramona R. Hallam
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Usually if you retain another attorney, you can demand your money back and the first attorney might pay it. If not, get your new attorney involved in demanding the first attorney return funds wrongfully obtained. First, however, you should doublecheck to make sure you are not misunderstanding the law as it applies to your facts. DUI law can be confusing at times and an attorney may mention possibilities before he sees your discovery. Often the discovery can change the analysis. He might actually be doing a great job. I would research that before firing him.
Answered on Nov 12th, 2013 at 5:27 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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cannot respond to this without specific facts.You have a choice not to have an attorney. If this is a criminal matter,you will have to make an oral request to the Judge to relieve your attorney.
Answered on Nov 12th, 2013 at 5:26 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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You discuss your questions and concerns with your current lawyer, they may have a plan/strategy that hasn't been fully explained to your satisfaction. Instead of firing your attorney you might take advantage of a free consultation offered by other lawyers in your area. They may be able to shed some light on the strategy your current lawyer is using and explain it better, they may agree with you. If they agree with you, you just tell the Judge that you don't want to work with the lawyer you hired.
Answered on Nov 12th, 2013 at 5:26 PM

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