Legal Question in Criminal Law in Illinois

How to ''fire'' an attorney

My son, an adult, recently hired a local attorney for a criminal case. He is charged with felony retail theft. What he is charged is not significant however. My son has a criminal past, so I am not new to attornies or to the courts, unfortunately. This attorney does absolutely no preparation for any of my son's court dates. Last time was a preliminary hearing and we had to ask him in the hall before court if he wanted to hear what happened when my son alledgedly committed his crime. He had no idea of my son's side of the story and didn't ask. Then during the prelim hearing his own lawyer stopped the proceedings by openly yelling at my son not to whisper in his ear, as the people in the courtroom laughed. He would not have had to make any comments if he had prepared for the hearing. So...how do we go about getting rid of him and hiring a new attorney? Also, how is it decided how much money has to be paid for two court appearances? Any information you can give me as to what procedures we need to follow we would greatly appreciated. The only reason I am even getting involved is because I am positive my son will not have a fair trial with this man as his counsel.

Sincerely,

--name removed--Irvin


Asked on 5/18/02, 10:10 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: How to ''fire'' an attorney

Any client that hires an attorney has the right to fire the attorney. However, special circumstances exist in some cases such as in pending criminal cases. First, your son already has an attorney of record. Therefore that attorney must ask the Judge's permission to withdraw, and must obtain an Order from the Judge allowing him to withdraw. Usually, this is done by a Motion for Substitution of Counsel. First, you advise the first attorney of your desire to fire him and retain new counsel. Tell him you are going to consult with the potential new counsel and that you expect the first counsel to cooperate fully with the potential new counsel. The first attorney may require the client to sign a waiver authorizing the first attorney to discuss the case with the second attorney. Then, once the second attorney agrees to take the case and has been hired to so so, most Judges will allow the first attorney to withdraw at the same time that the second attorney enters his appearance as the defendant's attorney of record. I hope that this explanation helps. Good luck!

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Answered on 5/19/02, 12:20 am


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