Q: Friend was charged with attempted murder for a simple domestic. Girlfriend had no injuries and refused medical.
Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.
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A:
I understand this is a difficult and frustrating situation. A few key points based on California law:
Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate the charges. However, the specific facts of the case would determine if the charge is appropriate.
On the lawyer's conduct - Under California law and State Bar ethics rules, the lawyer should provide the client with key documents related to the case upon request, including discovery received from the prosecution. Billing records and cost breakdowns should also be made available if the client asks for them. Failing to provide these materials when requested is generally improper.
As for the quality of the legal representation, it's hard for me to assess without knowing all the details. However, if the client feels the lawyer did not provide adequate counsel and simply went for an unfavorable plea deal without mounting a substantive defense, the client may have grounds for a complaint.
Some potential remedies:
- Filing a complaint with the State Bar of California regarding the lawyer's failure to provide case documents and billing. The Bar can investigate and discipline the attorney if warranted.
- Requesting a "Marsden hearing" before the judge to express concerns about the lawyer's representation and potentially have new counsel appointed.
- Exploring options to withdraw the plea deal if it was entered due to ineffective assistance of counsel.
- Negotiating a refund of some of the legal fees paid if services were truly inadequate.
Of course, the feasibility of these options depends on the specifics of the situation. I would advise your friend to consult with another criminal defense attorney to review the handling of the case and get advice on next steps. Many lawyers offer free initial consultations. I'm sorry your friend is dealing with this stressful situation and I hope they are able to resolve it and get fair treatment under the law.
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