new york, attorney, when does representation end in a criminal case

What happens when an attorney is assigned to represent a client?

Jul 28, 2011 · It does matter a great deal what sort of case it was, what the terms of your engagement with the lawyer were, what the settlement agreement says, and what now needs doing. But in general, if a final judgment has already been entered, it may be very hard to enlist the court's assistance to force your attorney-of-record to do anything further for ...

Can a corporation represent itself as a lawyer of record?

Aug 24, 2020 · A Misdemeanor Panel attorney who represents a client on a misdemeanor case that is later elevated to a felony must withdraw from representation as soon as the District Attorney serves notice of intent to present the case to a Grand Jury, unless the attorney is also on the Felony Panel.

Can a judge be represented by the Attorney General in Kentucky?

In People v McIntyre, we set forth a three-prong test, long used to address a defendant's right to self-representation: "A defendant in a criminal case may invoke the right to defend pro se provided: (1) the request is unequivocal and timely asserted, (2) there has been a knowing and intelligent waiver of the right to counsel, and (3) the defendant has not engaged in conduct …

Can a judge be disqualified from a case involving a lawyer?

Apr 03, 2002 · representation in domestic relations matters subject to Part 1400 of the Joint Rules of the Appellate Division (22 NYCRR), or; representation where the attorney is admitted to practice in another jurisdiction and maintains no office in the State of New York, or where no material portion of the services are to be rendered in New York.

How are appeals assigned?

Appeals are assigned by order of the Appellate Division, First Department. Other Assignment Issues. Length of Assignment. An attorney assigned to represent a client shall continue to represent that client until the case concludes, unless relieved by the court or the Administrator’s office.

What is the Assigned Counsel Plan?

Pursuant to Article 18B of the County Law, the Assigned Counsel Plan has been providing quality legal services to indigent persons within the Bronx and New York County Criminal Courts since 1966. The Plan provides compensation to private attorneys for representing indigent clients charged with criminal offenses.

How much does an attorney get paid per hour?

Attorneys are compensated at a rate of $60 per hour for misdemeanor matters and $75 per hour for felony matters. The Plan provides legal assistance for trial court matters as well as appellate matters.

Can you accept fees paid by a client?

You may not solicit or accept any fees paid by or on behalf of a client on account of your representation on an assigned case, either during or after the case has concluded. If during your representation information comes to your attention that the client or someone on his behalf is able to pay for all or part of the legal costs, you must inform the court. It is the court's responsibility to decide whether the client is entitled to further Panel representation. In no event may you be relieved as counsel and then accept a private retainer for the client.

What is the role of an expert in the Assigned Counsel Plan?

The Expert Roster of the Assigned Counsel Plan of the City of New York consists of experts who provide auxiliary services to individuals charged with crimes who are financially unable to pay for these services.

What is the NYPD responsible for?

The NYPD is responsible for investigating every crime that occurs with the 5 boroughs that make up New York City and that fall under state law. As an agency, they investigate the full range of crimes from murder to fraud. Ultimately, they gather evidence and will place suspects under arrest but it is not in the NYPD’s discretion whether or not to charge you with a crime.

What is the power of the Senate?

This give the office broad power. Senate Committee. The Senate, because of its broad constitutional powers , may investigate almost anything it would like to. Generally, these investigations are not to convict a person of a crime but instead to gather information in order to make new laws and regulations.

Why is it important to have an attorney on your side?

Having an attorney on your side will protect from the government agency overstepping their reach and make sure that you do not become your own worst enemy. Questioning. There is no set-in-stone timeline for how a government investigation may be conducted.

What to do if you are being investigated?

If you, or your business, are the subject of an investigation, contact an attorney immediately. The sooner you contact an experienced attorney, the sooner you can be sure that your rights and interests are protected through all stages of an investigation.

What does a certified letter mean?

In other cases, you may receive a certified letter from an agency stat ing that an investigation has been opened and that you are the subject. No matter how you find out that you have become the subject of a government investigation, it is in your best interest that you contact an attorney as soon as possible.

What happens if the government investigates you?

Once the government investigation into you comes to a conclusion, you may end up with criminal charges posed against you. On the other hand, you may end up with nothing else happening.

What does the DOJ do?

The DOJ has the power to call for any below agency to investigate a crime on their behalf or call for any agency below to halt an investigation. The head of the DOJ is a cabinet position, meaning that they are appointed by and serve at the pleasure of the president.

What to do if you are unhappy with your lawyer?

If you have problems with your lawyer or become unhappy with their services, the first thing you should try to do is talk with your lawyer to try to work it out. There may be some misunderstandings that can be cleared up easily with direct communication. You may want to write your concerns down and request a written response, which may be easier for both of you. If you are still unhappy or uncomfortable, you have a right to terminate the lawyer-client relationship and find a new lawyer.

Can a corporation represent itself in a lawsuit?

However, if a corporation is a party to the lawsuit, the corporation must have a new lawyer ready to take over the case as lawyer of record, because a corporation is not allowed to represent itself. Your lawyer also has the right to decide not to represent you anymore.

What happens if you don't pay your attorney?

If you have not fully paid your attorney, the attorney may have the right to retain your file and money belonging to you under certain circumstances. If you have a complaint against a lawyer, you may contact the Lawyer Disciplinary or Grievance Committee that covers the area where the lawyer is practicing law.

Can a lawyer withdraw from a case?

In general, your lawyer will first ask you to agree to end the relationship, but if you do not agree, the court can allow your lawyer to withdraw from your case anyway.

Can I get a refund on my retainer?

You have a right to a refund of any unearned portions of the retainer deposit or unused money you gave the lawyer to cover expenses and costs. You should ask your lawyer for these items, a breakdown of all of the expenses and costs, and for a refund of any unused money right away and follow up until you receive them.

What is the hot potato rule?

Adopted by many jurisdictions, the so-called "hot potato" rule provides that a "firm may not drop a client like a hot potato, especially if it is in order to keep happy a far more lucrative client." Picker Int'l, Inc. v. Varian Assocs., Inc., 670 F. Supp. 1363, 1365 (N.D. Ohio 1987), aff'd, 869 F.2d 578 (Fed. Cir. 1989).

Who is Wendy Chang?

Wendy Wen Yun Chang is a partner in the Los Angeles office of Hinshaw & Culbertson LLP where she represents lawyers in all types of complex matters that involve the practice of the law, including risk management counseling, ethics, crises management, fee related issues, discipline defense, hotline counseling, and the defense of lawyers and law firms in all types of civil litigation.

Can a lawyer disclose information about a client?

"(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

What happens if a lawyer terminates representation?

"Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. The lawyer may retain papers relating to the client to the extent permitted by other law."

Who is Matthew Watson?

Matthew R. Watson is an associate in the Boston, Massachusetts office of Hinshaw & Culbertson LLP. Mr. Watson focuses his practice in insurance coverage litigation and professional liability litigation, with particular emphasis on the defense of lawyers and law firms against liability claims and disputes. He can be reached at [email protected].

Can an attorney disclose confidential information to the court?

In attempting to demonstrate to the court her need to withdraw, an attorney may not disclose confidential communications with the client, either in open court or in camera. To the extent the court orders an attorney to disclose confidential information, the attorney faces a dilemma in that she may not be able to comply with both the duty to maintain client confidences and the duty to obey court orders. Once an attorney has exhausted reasonable avenues of appeal or other further review of such an order, the attorney must evaluate for herself the relevant legal authorities and the particular circumstances, including the potential prejudice to the client, and reach her own conclusion on how to proceed. Although this Committee cannot categorically opine on whether or not it is acceptable to disclose client confidences even when faced with an order compelling disclosure, this Committee does opine that, whatever choice the attorney makes, she must take reasonable steps to minimize the impact of that choice on the client.

What is the rule of professional conduct in California?

Formal Opinion 2014-190 — Digest: Rule 3-700(A)(2) of the California Rules of Professional Conduct, provides that a member may not withdraw from the representation of a client until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client. The requirements of rule 3-700(A)(2) apply when an attorney's withdrawal is prompted by the dissolution of the attorney's law firm. In the event of dissolution, all attorneys who are employed by or partners of a firm are required to comply with rule 3-700(A)(2) as to all clients of the firm, regardless of their connection to any specific client or the specific nature of their affiliation with the firm. What "reasonable steps" an attorney must take to protect a particular client's rights may vary considerably, however, depending on the circumstances, including the attorney's relationship to the client and its matter and the attorney's position within the firm.