Aberdeen, WA asked in DUI / DWI and Car Accidents for Washington

Q: Are you able to have copies of your Discovery File ? When is the latest you can fire a attorney? Grounds on firing ?

Present attorney has no witnesses.

Has had 4 years to get any info on clients behalf .

Was tested and given her rights at hospital while under drugs . Client answered questions she didn’t even know she was asked . All info was taken will client was out of it in hospital after surgery.

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1 Lawyer Answer
Stan Glisson
Stan Glisson
Answered
  • Personal Injury Lawyer
  • Tacoma, WA
  • Licensed in Washington

A: Good questions.

Can you have a copy of the discovery from your file? There is actually a law that severely limits your lawyer's ability to just give you a copy of your file. It may be possible, but may require some redactions. Ask your lawyer about your particular case. You can also request a copy of the police investigation materials directly from the investigating police agency via a public records request. Most police departments let you make that request through their website.

When / how to 'fire' a lawyer. You can almost always hire a different lawyer to replace your current lawyer. If you are close to a trial date and the switch would cause delay, there are circumstances where a judge might deny the request. But that is a rare circumstance. If the lawyer was court-appointed though, and you want the court to appoint a different lawyer, the answer is different. While the law requires the court provide an attorney, it does not require that it be the lawyer of your choice. You can always ask a judge to replace your court appointed lawyer, but in most cases the answer is probably going to be no. If you are hiring a lawyer, you don't have to have any 'grounds' to make the switch.

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