Legal Question in Legal Ethics in Oregon

How to Fire your Federal court appointed lawyer

I am inquiring as to what channels I need to go through to fire a court appointed federal lawyer. Please help me, it is life and death.

Regards,

--name removed--


Asked on 7/13/04, 4:26 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: How to Fire your Federal court appointed lawyer

Speak with your lawyer. Tell him you are dissatisfied with his representation and you want another lawyer. He will know what to do. Should he not accommodate you, write to the Judge and tell him you want a new lawyer.

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Answered on 7/13/04, 7:08 pm
Regina Mullen Legal Data Services, PLC

Re: How to Fire your Federal court appointed lawyer

If it's literally life and death, you're in trouble. Federal public defenders tend to be on lists, and they have to be approved by the court well in advance of your case. Legal aid is often unavailable when you've been given a court-appointed lawyer. Everyone is overworked and every case needs their full attention.

I suggest learning as much as possible about your case and getting help however you can, because if it's a criminal case, you get NO empathy for having a crap lawyer...people have been put to death even though their lawyer slept through trial, so don't wait for the screw up, get involved on your own case! Since you're on the internet, spend a few DAYS looking for alternative help. Especially if it's a death penalty case or a mandatory minimum or drug case, you might be able to find some help.

Force the attorney to file motions and make arguments (which is your right) even if you have to write them yourself. You might be able to get him/her to withdraw voluntarily as a matter of ethical responsibility. Don't let anything go through without your input, because you don't get a second chance.

If the judge won't let you represent yourself completely, ask for another lawyer to help you as a back-up to represent yourself. Check the links at the Prison Services Project

psp dot litigationdataservices dot com; its updated every few days.

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Answered on 7/13/04, 10:49 pm


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