QUESTION
What happens if my attorney withdraws from my case because I missed a court date?
Asked on Oct 17th, 2012 on DUI/DWI - Georgia
More details to this question:
I had a court date the other day and my lawyer failed to inform me because my phone was disconnected and I did not give him a new number to contact me. Anyways he as has my home address and knows where I live he should of contacted me through mail as this is how he always reached me in the past. Now I have a warrant for my arrest and he just told me he withdrew from my case when I called him this Monday to ask him where we will meet for my court date which I thought would be on the 26th but so happened to be on the 15th. Now this is one big miss understanding I just want to know what I will tell the DA when I call her tomorrow since my lawyer informed me that she needs to talk to me why I missed my date. I feel like it’s not my fault and I should not be penalize or taken to jail please help.
13 ANSWERS
John J. Carney
A lawyer needs the judge's permission to withdraw from a case and your missing a court appearance is not a valid reason to withdraw. If you have not paid your legal fees it might be a reason to withdraw, but you will have to talk to your lawyer and determine why she is not willing to continue representation.
Answered on Nov 04th, 2012 at 2:07 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I would tell her exactly what you told me.
Answered on Oct 22nd, 2012 at 11:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There are several possible options. One would be to hire another attorney. Another would be to check into whether your attorney sent in a representation letter to the court or Solicitor's Office. If so, the attorney may have to file a Motion with the Court to be relieved as counsel on your case. In other words, he may still be your attorney whether he likes it or not. If you paid the entire fee, you could file for a refund with the fee dispute resolution committee (call the SC Bar for this).
Answered on Oct 18th, 2012 at 2:24 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You need to post your question to the criminal attorneys, not the personal injury attorneys.
Answered on Oct 18th, 2012 at 2:23 PM
Michael Paul Vollandt
It may be in you rest interest that the lawyer abandoned you. Not very professional. You should try to get another lawyer but if you an not get to the Court asap and have the case pulled and sent into the Judge so you can have the warrant recalled. He will not be happy but he should be mad at the lawyer too. Let the Judge know about what happened.
Answered on Oct 18th, 2012 at 2:21 PM
Michael J. Breczinski
You lawyer seems to be taking this personally. You should go to court and explain that you did not get the notice of the court date. The fact that you come in on the subsequent date on your own will count in your favor.
Answered on Oct 18th, 2012 at 2:20 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I strongly suggest that you contact another attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options. Do not speak to the D.A. or anyone else without an present.
Answered on Oct 18th, 2012 at 2:19 PM
You need to hire another lawyer to go and recall the warrant. Unfortunately for you, what your lawyer did was proper. But it would be a big mistake for you to talk to the DA and expose yourself to poential "self-incrimination." Hire another lawyer, who can recall the warrant without you there, and take over the case.
Answered on Oct 18th, 2012 at 2:17 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Do not call the DA's office. Either your present attorney or your new attorney should make that call. Your attorney should not be able to withdraw from the case without notice to you. Check with the criminal clerks office to see if he has really been withdrawn. Then call your attorney and have a frank discussion with him about representing you or refunding your retainer.
Answered on Oct 18th, 2012 at 2:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There is probably a little more here than meets the eye. Why would your lawyer withdraw if you have paid him and you are a good client? It is your responsibility to keep him informed not his to search you out Talk to your lawyer and if you have paid him expect him to follow thru. Ifd he will not report him to the bar grievwance committee and tell the DA the truth and ask her to let you have another court date. Don't get caught in a tall tale with the DA or court.
Answered on Oct 18th, 2012 at 2:12 PM
Ronald A. Steinberg
If your lawyer bails out, then you need to get another lawyer. If it is a criminal or traffic case, you can ask the court to appoint one, but understand, you will not get a rocket scientist. It was completely your fault that you did not get notice of the hearing date, and so you have to "fix" it. If you can guarantee your lawyer that you will not screw up again, perhaps the lawyer will reconsider.
Answered on Oct 18th, 2012 at 2:11 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You are probably going to need to get a new attorney to get your file and see if he can quash your warrant or at least get you to turn yourself in and get booked and released. You should try working this out with your current attorney, he may be able to do this for you as well.
Answered on Oct 17th, 2012 at 3:20 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This happens all the time. Call the judge's office and tell whoever answers that you want to come in and have the bench warrant lifted. They will have you come in that day or the next. When you show up, apologise even though you feel like it was not your fault (it was) and promise the judge you will show up from now on when you are supposed to and maybe he/she will re-appoint your lawyer or appoint you a new one.
Answered on Oct 17th, 2012 at 3:19 PM