Q: I PAID MY ATTORNEY HIS FEE. I AM NOT HAPPY WITH HIM, CAN I GET IT BACK?

A: You should contact your lawyer and discuss the matter to see if you can reach an amicable solution to your disappointment.

A: Most criminal fees are flat rates, so it can be difficult to measure the amount of a refund due in the event services are terminated before all services are rendered. Usually the lawyer will have to recreate their hours and apply their normal hourly rate for the time expended. A lawyer’s fee must be “reasonable” but they are entitled to be paid for their time. Also, unless you hire another lawyer who immediately enters their appearance on your behalf in court, your existing lawyer cannot simply stop being your lawyer. A criminal defense attorney requires permission from the judge to withdraw their representation on behalf of a criminal defendant. This is because a defendant has a constitutional right to representation, and loss of counsel creates problems for the court, and may only be allowed after the defendant is given adequate opportunity to retain new counsel in time to prepare a competent defense. This must be accomplished without causing prejudice to the prosecution and State’s witnesses, and the court’s trial calendar, meaning the defendant may not be automatically granted a postponement of the trial date just to retain new counsel if doing so will cause prejudice to other parties involved. If too close to trial, courts generally will not grant a lawyer's or a defendant’s request to discharge their counsel.