Legal Question in DUI Law in Maryland

court date changed

Retained attorney changed the court date without clients knowledge. cleint discovered this by getting court notice in mail saying the date has been moved up 2 months--name removed--client is now in libo even longer than anticipated--name removed--Shouldn't they have be contacted by their attorney that this was goign to be done? The answer received from retained attorney when questioned was he couldnt' be available that day WHAT THE?? This date was known since April when first contact was made and again over a month ago when attorney was retained--name removed-- Attorney even said he had penciled the date in. What recourse does client have regarding this change? Can retainer be returned in time to get another attorney and reset the court date to where it was which was later this month?


Asked on 7/07/09, 11:08 am

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: court date changed

Unfortunately us lawyers often have busy schedules, and the court has rules for which one of our conflicting cases should be postponed first. If the date has been changed, it will likely not be changed back, but you may be able to get a portion of your money back depending upon how much work has been done on your case. But keep in mind, it could have gone the other way, the State could have asked for a postponement which you would have no control over. You shouldn't expect your case to be heard immediately. This is a very busy system of justice.

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Answered on 7/07/09, 11:23 am
William Welch William L. Welch, III Attorney

Re: court date changed

The answers could be in your retainer agreement. Generally speaking, an attorney in fact has the authority to take certain actions, such as scheduling. However, an attorney may not decide for the client whether to have an attorney, how to plead, and whether to testify.

Sometimes conflicts develop. Regardless, it would have been couteous of the lawyer to notify the client.

Perhaps you should express to the lawyer how displeased you are. Ultimately, you have to decide whether you are comfortable with the attorney/client relationship and the representation. If you are not comfortable, your retainer agreement should indicate how to terminate the relationship and what happens to the retainer. Beware that the court may not postpone the trial, if you return without counsel.

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Answered on 7/07/09, 1:16 pm


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