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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.