How to do I fire my attorney while in jail? 11 Answers as of April 25, 2013Hi I am currently in jail and I was not satisfied with my current lawyer's job so I wanted to switch to a public defendant. How can I do that? Do I file a form of some sort? Please let me know as soon as you can. Thank You for your time.
Musilli Brennan Associates PLLC | John F Brennan
Called the attorney and tell him he is fired and ask him to file a motion to that effect with the court. As the court to qualify to have an attorney appointed when you're first retained attorney is relieved of the case.
Answer Applies to: Michigan
Law Office of Eric Sterkenburg | Eric Sterkenburg
Inform your attorney that you are dismissing him as your attorney. Review the terms of your contract to see the amount of money you owe him for the work done up to that time. The next court appearance inform the judge that you terminated your contract with your attorney and request the assistant of the Public Defender.
Answer Applies to: California
Barton Barton & Plotkin | Maurice Ross
You can terminate your lawyer by notifying him of your decision and requesting that he notify the court. However, the court must give permission to your lawyer to withdraw from the case. Further, if you can afford private counsel you may not be entitled to a public defender. Thus, you may need to find another private lawyer. And until the court approves your lawyer's withdrawal from the case, he is still your lawyer.
Answer Applies to: New York
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
If you want to switch to a public defender, you'll need to 1) tell the court that you want to do so, and 2) do whatever the court tells you to as part of that process, which may include providing information about your income, to show that you can't afford to hire counsel. If you hired your current attorney and you have enough money to hire another one, then you can simply hire another one; the court is not obligated to give you a lawyer if you can afford to hire one yourself. Your new attorney can arrange to be substituted on for the old one.
Answer Applies to: Oregon
Timothy J. Thill P.C. | Timothy J. Thill
You should notify the attorney that you wish him to withdraw from the case. You could wait until the next status date in court to notify him of your desires. Now be aware that the judge will have to allow counsel to withdraw, and possibly will not grant you the appointment of a public defender. If you have anybody on the outside, such as a close relative, you can have them notify counsel of your intent to have him withdraw from representing you any further in the case. I doubt you will get much resistance from counsel.
Answer Applies to: Illinois