Q: Friend retained a lawyer but hasn't spoke, only to the paralegal, and wants to make sure attorney is right for the job.
Details - Driving home they lost control and hit a tree 100 yards from residence. Neighbor heard accident and called chp. Friend pulled away from tree and parked in front of home. Friend got out of truck and went into residence. Mad, pissed, and a little rattled, said friend decided to self medicate by taking around 5 or 6 "slugs" of some whiskey. Not knowing there was a witness or law enforcement coming, friend went outside to view the damage to the vehicle. At that point chp showed up and arrested. Charges are misdemeanor dui & misdemeanor hit and run. BAC was ultimately high after arraignment and police report came out. Again, still haven't had any contact with attorney and willing to go a different direction despite paying retainer. Thoughts?
A: You should reach out to the lawyer that has been retained, request a meeting to discuss the facts, evidence and path forward. If the lawyer won't meet then obviously there's a problem, it's time to start looking for a new lawyer.
Mr. Richard Orville Middlebrook agrees with this answer
MORE INFO WOULD BE HELPFUL.
HOWEVER, HAVE YOUR FRIEND CALL AND ASK TO SPEAK TO THE LAWYER.
IF S/HE WON'T SPEAK TO YOU ASK FOR YOUR MONEY BACK AND MAKE AN APPT WITH ANOTHER LOCAL LAWYER.
A: The California Rules of Professional Conduct, Rule 1.4, (https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.4-Exec_Summary-Redline.pdf) regarding a lawyer's duties and responsibilities to communicate with a client may help in deciding whether the attorney is meeting these obligations as required by the legal profession. Nonetheless, any client is free to discharge his attorney with proper written notice for any reason. Good luck.
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