Legal Question in Criminal Law in Illinois

Removing Ineffective Counsel

How should one go about removing ineffective counsel and receiving all legal fees back before a trial date has actually been set. In summary my cousin's lawyer is incompetent and we have paid him almost $10,000. I would like to know if there is a way that we can receive all the money that has been paid thus far and replace this lawyer with a new lawyer. Originally we sought to file an ineffective counsel petition but my cousin has not been convicted.


Asked on 12/27/07, 5:34 pm

4 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Removing Ineffective Counsel

The client should write a letter to the attorney advising the attorney that he or she is fired, and demanding that the attorney immediately file a Motion to Withdraw, and take it up with the Judge on the case. The letter should also request a refund of fees paid that have not been earned. Many Judges will not let a criminal defense lawyer out of a pending case unless there is already a replacement attorney ready willing and able to enter his or her appearance in the case. Then, there is simply a Substitution of Counsel. The letter should also demand the immediate return of the client's complete file. It will be more difficult for the next attorney to take over a case that has been pending for some time, and so you will need to be able to pay the second attorney a sizable retainer fee up front. I have handled hundreds of criminal cases over the thirty years I hvae been practicing law, and may of them have been in various counties throughout the state of Illinois. You may feel free to contact em at my office if you would like to discuss this further.

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Answered on 12/27/07, 11:18 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Removing Ineffective Counsel

You, or more specifically, your cousin should fire the attorney. Did your cousin have a contract with the attorney? If so, it should have a provision for discharging him and fee disputes. This should guide you in what to do. However, it's your cousin's right to have counsel of his choice, so it's his discision. Please call for a free consultation. I have been a criminal defense attorney for 30 years.

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Answered on 12/31/07, 10:54 am
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Removing Ineffective Counsel

If the lawyer did the work, you need to pay him. Look at the contract. It should explain his charges etc.

email: [email protected]

web www.michelottilaw.com

blog blog.michelottilaw.com

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Answered on 12/28/07, 12:00 am
Nishay Sanan Nishay K. Sanan

Re: Removing Ineffective Counsel

You need to fire the attorney then most likley sue the attorney for breach of contract. Unfortunately you will need to hire new counsel before your civil suit gets resolved. You can contact us regarding criminal matter. www.sananlaw.com.

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Answered on 12/27/07, 6:06 pm


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