Q: My brother is Incarcerated and is trying to fire his court appointed attorney because he feels he's not doing anything f

A: In Texas, a mentally competent individual can fire his attorney, including a court-appointed attorney, at any time for any reason.

He may not be entitled to a new court-appointed attorney and firing his attorney does not entitle him to a continuance. But he can fire his attorney as long as he is mentally competent.

A: In situations where someone feels their court-appointed attorney isn't effectively representing them, they have the right to request a change. This usually requires filing a motion with the court explaining why the current representation is inadequate. It's important for your brother to provide specific reasons, such as lack of communication or disagreement on defense strategy, which might convince a judge that a change is necessary.

However, it's important to note that the decision ultimately lies with the court. Judges are often hesitant to assign new attorneys, especially if it seems like it could delay proceedings. Encouraging your brother to document all interactions with his attorney can strengthen his case by showing he has made efforts to communicate and resolve issues.

If your brother feels stuck, seeking advice from another legal professional for a second opinion might be helpful. Sometimes, local legal aid organizations or bar associations offer consultations that could provide guidance on how to proceed. It's crucial that he stays proactive and informed about his rights and options throughout this process.

A: If he is mentally competent he can hire a new lawyer if he has the funds. The judge does not have to appoint him a new court appointed.