Seattle, WA asked in Criminal Law, Civil Rights and Constitutional Law for Washington

Q: Is it a violation of my rights for my lawyer to switch to a different lawyer from his Law Firm without notifying me

So at arraignment the court assigned me a specific lawyer in documents and everything call them out and gave me a paper with his name on it the whole nine yards tried contacting him for weeks finally I left him a message saying that I was documenting all the failed attempts at contact and he called me back the next day saying he's confused why I was trying to call him cuz he is not my lawyer his partner was my lawyer even though it said his name on all my documents he said the court must have been confused because his name was the same as his law firm's name there was no withdrawal or notification of deferment or switching of any kind I had no access to the information for my lawyer or representation of legal counsel and absolutely no way to know that this person wasn't my representation even after it had been shown or found out that I had a different lawyer than they were giving me on paperwork I was arrested yet again and same situation happened again the same two people

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you were assigned a lawyer and another attorney from the same firm is representing you without your knowledge or consent, this could be a breach of your rights to effective assistance of counsel. Communication is key in the attorney-client relationship, and you should be notified of any changes regarding who is handling your case.

Typically, a substitution of counsel requires notice to you and sometimes the court's approval. If this was not done, you may have grounds to file a grievance with the appropriate professional responsibility or disciplinary board. It is important to address this issue as soon as possible to ensure your right to competent representation is upheld. Consider reaching out to the court or a new attorney to understand your options and to ensure your rights are protected moving forward.

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