Legal Question in Criminal Law in California

How do we get out

Hello, and thank you for your time to read my mail. I work for an attorney, who has too big of a heart, and I'm sure he has the answers to my questions, but for my own sanity, I'd just like to know if there are any ways to get out of representing a client. The mother of a criminal client came in and wanted representation. Our fee to handle said case was approx. $50,000. The client advised that she only had $5000 and that she was in the ''process'' of selling her home due to divorce and would have money after sale. She came in for appoint to retain, and only had $2500, and gave another check for $2500 that she asked us to hold until the following friday. Well, the first check bounced, and to find out that the house that she was supposedly selling was the husabands before marriage, and had no rights to it, and ex would not get a 2nd. By this time, the attorney had already entered in, and made a few appearances, but we still haven't received a penny. What can we do?


Asked on 12/16/03, 1:44 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: How do we get out

File a motion to be relieved as attorney of record. Base the motion on a conflict of interest. That is you are pursuing the mother for writing a check with insufficient funds. A recent case in Santa Clara county found that a conflict of interest was raised when the public defender assisted the father of his client in filing an answer to a civil lawsuit, involving the conduct complained of in the criminal case. The attorney should refuse to waive the conflict, stating that this conflict will compromise his ability to fully and vigorously defend the the criminal client.

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Answered on 12/16/03, 11:37 pm


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