what to do if your court appointed attorney does nothing for you

by Miss Janice Bogisich 10 min read

Be sure to tell the Judge that you do not feel the attorney is prepared, that you haven't met with them, that you don't know what the trial strategy is and you haven't even discussed it, tell them the dates and times of your calls, etc. Ask the judge for a continuance (and perhaps another attorney, but that might not happen).

Ask for a 'Marsen' hearing
You can request the court for a new public defender. The judge in charge of your case will then switch public defenders on your case. If you are successful, the judge will appoint a new public defender to represent you.

Full Answer

What happens if a court refuses to appoint a new lawyer?

Aug 07, 2018 · Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a ...

Do you have to pay for a court appointed Attorney?

Apr 25, 2011 · Answered on Apr 27th, 2011 at 10:58 AM. You've probably waited too long to ask for a new attorney because judges hate last minutes requests. You can try though. If you can afford to retain an attorney, that's a good option. I a former federal and State prosecutor and now handle criminal defense so feel free to contact me if you wish to retain ...

Do I have a say in who my court-appointed Attorney is?

Mar 26, 2019 · Hire Your Own Lawyer Whenever Possible. Unless you simply cannot afford to hire a lawyer, working with a private criminal defense lawyer is always better than accepting a court-appointed attorney. If you have no other option, than working with a public defender is a much better solution than trying to represent yourself.

What should I do if my lawyer won’t call back?

Sep 16, 2012 · Your son can either wait, hire his own attorney, or ask the court to appoint a new one. The last option is not easily granted. A defendant has a right to an appointed lawyer, but he doesn't get to choose which one.

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What can I do if a lawyer is not helping you?

Yes. If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.Jun 7, 2018

Can you fire your public defender?

You can fire your public defender by making a Marsden motion the next time you go to court. You can also hire an attorney and have him substitute in for your public defender. If you want a different public defender the only thing that you can do is contact the head deputy of the court where your case is at.Apr 3, 2013

Is it normal for a lawyer to not hear from your?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Can you fire a court appointed attorney in Texas?

If you wish to remove your attorney, you'll have to request a Marsden Hearing. During this time, a judge will listen to a defendant describe the reasons why he or she believes their counsel is not qualified or able to defend them.May 27, 2021

What is a Marsden hearing?

A Marsden hearing is when the judge rules on the Marsden motion. If he grants the motion, the public defender is removed from the case and the judge will appoint an alternate public defender. If the judge denies the motion, then the public defender remains as the defendant's lawyer.

Can I talk to another lawyer if I already have one?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

How long should I wait for my attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Can you be denied a court appointed attorney in Texas?

So if you don't like your court-appointed lawyer or disagree with how they are representing you, you have no right to substitute a different court-appointed lawyer. You can ask the court to provide you a different lawyer, but the court is not obligated to do so, and may reject your request.Jul 2, 2021

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How much does a court appointed attorney get paid in Texas?

Court Appointed Special Advocates Salary in TexasAnnual SalaryHourly WageTop Earners$55,820$2775th Percentile$38,542$19Average$36,907$1825th Percentile$23,037$11