Legal Question in Criminal Law in California
My mom paid 7000 for a retainer for my lawyer I got in trouble butt I used my sisters name so the charges were never in my name, now when we went to court he said that there was nothing he could do cause it wasnt in my name and i didnt want to tell on myself so he went in front of the judge with my sister and asked to be off the case. Now since he did that he made it seem like he was representing her and so when I called to ask for advice cause now the charges are in my name they say they cant help and wont give me my money back cause its a conflickt of intrest.
Additional information
basicaly he never legaly represented me in court or anything. - edit
2 Answers from Attorneys
The "confusion" (or "complication") was caused by your actions. Besides that I am not sure what to say, kind of an interesting question ... maybe some other attorney has some wisdom here.
I am not sure how the State Bar would look at it, depends on the totality of the circumstances if that attorney did anything "wrong." In my opinion, that attorney may or may not know what "actually" happened, and that is not his job to unravel a pack of lies. Hire another attorney is my advice. Good luck!
First of all, I can tell you that when someone calls my office, and uses a fake name, or refuses to give their name, I do not take the matter. That is because the person has something to hide and makes it impossible or difficult for me to check my conflicts list, to make sure that I am not engaging in a conflict of interest.
Second, you point out that your mother paid the retainer, so I do not understand why you now call it your money. If the attorney refused the case, it appears that your mother is entitled to a refund, or a partial refund, depending on the retainer agreement and arrangements made with the attorney.
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