Legal Question in Criminal Law in Massachusetts

I currently have a case pending in Superior Court. I recently fired the attorney that was appointed to me because he is not working on my side he is working with the DA. I sent him a certified letter stating that he is fired off of my case and to also release any and all paperwork he has pertaining to this case either send it or have it ready for me to pick it up at his office. He then told me he will not give me any paperwork he will only give paperwork to the new attorney I am hiring once he files an appearance in court. Is this a law that he cannot release the papers to me or is he just trying to make things harder for me being nosey and want to know who my new attorney is? I am also calling the Bar Association on him


Asked on 12/14/14, 1:07 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

Are you sure that having him work with the DA is really such a terrible thing? Are you a lawyer? Do you know more about the law than your lawyer? Do you know more about how the Judge and Jury will see the facts in your case than your lawyer? A Superior Court case is felony territory. Although I do not practice criminal law, I know that to practice as an appointed lawyer in Superior Court, that lawyer has to have significant experience.

Have you considered the possibility that you are so anxious about losing your case that you are taking it out on your lawyer? Although occasionally there are bad lawyers - and your lawyer may be bad - far more often, there are distressed clients. If your case does not look winnable, perhaps your lawyer is cozying up to the DA to get you a better deal. I don't know your lawyer - but I like to win. To me, resolving a case short of trial that I have reason to believe will lose at trial IS winning. You're accused of a crime - the facts are with your or against you.

I cannot speak to your request for the file. But what do you care if he knows who your new attorney is? He could easily find out at any time by looking up the docket.

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Answered on 1/19/15, 10:12 am


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