San Antonio, TX asked in Criminal Law for Texas

Q: If I paid an Attorney At a law office by phone $7,500 to represent me in a criminal case and when I showed up to court

He did not have any information for, didn't remember he was representing me, hasn't shown me any evidence pertaining to my case, wants me to sign for the probation offered, and doesn't even work at law firm I pd the 7500 to and no one there even attempted to let me know he was no longer working there. I've never signed any paperwork either. Can I get my money back some how? I feel at this point the court appointed attorneys could have got the same outcome he is pushing for me to take, I don't want to take the probation cause even though deferred I won't be able to renew my insurance adjuster licenses to keep my job if I do. I don't make a lot of money and that 7500 pretty much broke me from all my savings & as far as I know he has done nothing in the interest of my case. Is it possible to get that back or some of it or something I can? Thank you for your time

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1 Lawyer Answer

A: Wow! The manner by which you were treated is terrible and unethical. To start, your lawyer should have had you enter into a written Retainer agreement, which should have basic language explaining the reason and scope of the attorney representation. If you hire an attorney and he has other attorneys appear for your criminal case, you should have been told that that is a possibility at the begining. If it was not said in the retainer, then the attorney you hired should have communicated with you to tell you that a different attorney will be appearing on your case.

What's worse is that the attorney has entered into a plea deal with the District Attorney's ("DA") office, without your knowledge or consent.

Your lawyer is obligated to review all the discovery (police reports, witness info and statements, documents, tests, etc.) with you before you enter into any plea deal, or before he makes a deal with the DA. While the deal may be a good one, the attorney is obligated to show you the documents and other evidence on your case. You may decide that you want to go to trial, or seek more information or an expert witness on your case, before you make a plea deal. As you explained, the deal may not work for you due to your insurance license status. That is something your attorney needs to discuss with you. ( Some Deferred deals are OK because the Felony Plea you enter, in some deferred deals, does not get entered into the Official Court Records. Thus, As long as you perform as Ordered by the Judge, your Guilty Plea, will never be entered, and the Insurance Administration of TX, will never find out about the guilty plea, and in any event, can not use it to limit your Insurance License.

If you want to change lawyers, you can, and have the Right to do so. You can ask for a refund. I think you are entitled to a full refund, but, I think you would faster, and more success, by asking for $6000.00 of your $7,500.00 back. You can still ask for the full refund, but you would probably have to go through the Texas Bar and file a grievance against the lawyer. That is another thing. The lawyer is supposed to tell you in the Retainer, that if you have a fee dispute, you can settle it with an Arbitration at the local bar association.

Remember, you can fire your lawyer any time, and hire a new one. Usually, your new lawyer will send an email or letter to the old lawyer and fire him for you. I hope this helps. Good Luck!

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