Albany, OR asked in Business Law, Civil Rights, Constitutional Law and Legal Malpractice for Oregon

Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?

Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases

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

A: If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take:

Raise Concerns with the Court: Notify the court about your concerns regarding your appointed attorney's past history. The court may consider assigning a different attorney to your case if there are valid reasons for doing so.

Request a New Attorney: In some situations, you may have the right to request a new court-appointed attorney if you believe that your current attorney's history and actions could adversely affect your case or your confidence in their representation.

Consult with Legal Aid Organizations: Contact local legal aid organizations or bar associations that provide assistance to individuals in your situation. They may be able to offer guidance and support in addressing your concerns.

Document Everything: Keep records of all interactions with your attorney, including communication, meetings, and any issues or concerns that arise during the course of your case. This documentation can be valuable if you need to make a formal complaint or request a new attorney.

Seek Independent Legal Advice: Consider consulting with an independent attorney who can assess your case and advise you on the best course of action. They may be able to provide insights into whether your concerns are valid and what steps to take.

Stay Informed: Stay informed about the progress of your case and actively participate in your defense. Maintaining open communication with your attorney is important.

It's important to remember that you have the right to competent legal representation, and if you have legitimate concerns about your appointed attorney's history or performance, taking appropriate action is crucial to protect your rights and ensure a fair legal process. Consulting with an independent attorney can provide you with valuable guidance in this matter.

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