do you have to know the legal terminology and corresponding motions to fire your criminal attorney?
Thursday, November 15th, 2007 at
5:25 am
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Robert C asked:
and if so what is the motion and how should i approach this in court.
and if so what is the motion and how should i approach this in court.
Tagged with: Criminal Attorney • Legal Motions • Legal Terminology
Filed under: Attorney FAQ
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Really simple…when your attorney walks in and the court is in session, tell the judge you’re firing your attorney and you need to recess until you’ve acquired competent legal counsel.
You need to let your attorney know that you wish him to be relieved as counsel. If you tell him you want him to be relieved he should cooperate with you. Of course when the Court relieves him they may not automatically appoint you someone else, and you may have to do your case by yourself unless you have the money to hire someone else.
If you have lost confidence in your attorney you should first try talking to the lawyer about your concerns. Switching lawyers in the middle of a case is usually not a good idea because the new lawyer, no matter how competent, may have to struggle to get up to speed in time for trial. If you have talked to your lawyer and you still believe you should switch lawyers you merely ask your attorney to file a motion to withdraw. The lawyer is obligated to assist you.
It’s called “Dismissal of Counsel”. Most Judges don’t look too highly on this motion, however, it most cases you will be allowed a recess in order to obtain another Attorney or Public Defender.
John W is absolutely right