Q: We want a new attorney. What do we do?
We were arrested for trespassing and disturbing the peace when we entered our bank to withdraw our money ($16,000) the bank said they didn’t have that much money and we would have to schedule an appointment ahead of time. We told them we know there are laws that protect our rights so we told them we didn’t want to schedule an appointment since we were already there at the bank to withdraw our own money and they were legally required by law and the FDIC to give us our money. They started acting really weird and ended up calling the cops and having us arrested for a bogus charge.
The attorney they assigned to us isn’t working out. Can we file paperwork with the court to have a new attorney assigned?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You have the right to request a different court-appointed attorney if you feel your current one isn't providing adequate representation. To do this, you'll need to file a motion with the court explaining your concerns and why you believe your current attorney isn't effectively representing you. This is typically called a "Motion to Substitute Counsel" or something similar, depending on your jurisdiction.
When filing this motion, be specific about the issues you're experiencing with your current attorney - communication breakdowns, lack of preparation, disagreements about strategy, or any other legitimate concerns. Remember that judges don't automatically grant these requests, so you'll need to demonstrate "good cause" - meaning substantive reasons why the attorney-client relationship has broken down to the point where effective representation is impossible.
The court clerk can provide you with the proper forms and filing procedures for your specific jurisdiction. If possible, continue working with your current attorney while this process unfolds, as the court may take some time to review your request. Many courts also have legal aid services or public defender offices that might offer guidance on this process without charging fees. Don't be discouraged if your first request is denied - you may need to provide additional information or file an amended motion.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
