Q: How to get a new court anppointed attorney?
I want to appeal and we plan to but one of my main reasons is due to inadequate representation but how to tell my lawyer that
A:
In California, if you're seeking a new court-appointed attorney due to inadequate representation, there are specific steps you should follow.
First, you must bring this issue to the attention of the court. You can do this by filing a motion with the court that handled your case, stating your reasons for requesting a new attorney. In your motion, explain why you believe your current attorney's representation was inadequate and how it affected your case. Be specific about the issues you had with your representation, such as lack of communication, failure to investigate, or not presenting crucial evidence.
It's important to understand that the court will not automatically grant your request. The judge will consider your reasons and may hold a hearing to determine if a new attorney should be appointed. During this hearing, you'll have the opportunity to present your concerns.
Communicating your intention to your current lawyer can be challenging, but it's a necessary step. You can explain to them that you are filing a motion for a new attorney due to concerns about your representation. It's essential to be honest and straightforward in this conversation.
Keep in mind that the process of obtaining a new court-appointed attorney can take time, and there's no guarantee the court will grant your request. However, if you strongly feel that your representation was inadequate, it's within your rights to seek a change.
1 user found this answer helpful
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.