Kansas City, KS asked in Gov & Administrative Law, Family Law, Civil Rights and Constitutional Law for Missouri

Q: What can be done if you have been through your depositional and jurisdictional hearings without adequate counsel

I was provided with an attorney but they never filed any emotions on my behalf I was never allowed to call any witnesses or produce any evidence on my behalf. It's an attorney provided by the state and they have done absolutely nothing to help me in my case. They have denied me my constitutional right to due process and the atrocities they have committed against me and my children only get greater as we have gone on.

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

A: If you feel that your state-appointed attorney has not adequately represented you, you have the right to raise this concern. Ineffective assistance of counsel can be a serious issue, especially if it impacts your constitutional right to due process.

First, consider discussing your concerns directly with your attorney. Clear communication about your expectations and the specifics of your case might resolve some issues. If this doesn't lead to a satisfactory change, you can bring your concerns to the attention of the court. This can be done by filing a motion to address the inadequacy of counsel.

If the court does not provide a satisfactory resolution, you have the option to seek a new attorney. Depending on your financial situation, this might involve hiring a private attorney or requesting another state-appointed attorney.

Additionally, you can file a complaint with the state bar association regarding the conduct of your attorney. This can be a formal way to address professional misconduct or negligence.

Remember, every individual has the right to competent legal representation. If you believe your rights have been violated, it's important to take action to ensure that you receive the fair representation to which you are entitled. Consulting with another legal professional for guidance specific to your situation can be a helpful next step.

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