Legal Question in DUI Law in New Jersey
Can I take my attorney to ethical court?
Regarding a pending DUI case in Newark Court. My lawyer did not show for the first hearing, he was at another hearing but had me show up at court to tell the judge he wasnt coming. Judge rescheduled two days later. Lawyer says he'll meet me at court a half hour prior to court starting, as he never had time to discuss my case prior. He shows up 1.5 hours late when Im already on the stand telling the judge my lawyer is late. He comes rushing in, not talking to me about the case first and says he needs more time to look at the discovery and to postpone again. I wanted to settle right there -- I am losing A LOT of money missing work, as I am self-employed. He tells me no. We reschedule again. He calls me that morning from Florida where he is stuck from the hurricaine and told me to tell the judge to reschedule again. I tell the judge the whole story and out of sympathy she tells me if he doesnt show (for the fourth court date) that she will mandate he return my retainer, etc. Is that possible? She rescheduled the hearing for the fourth time and my attorney already told me he'll be in Federal Court and wont make it. Any advice on what to do? Im extremely frustrated. Thank you.
3 Answers from Attorneys
Re: Can I take my attorney to ethical court?
I feel very bad for you that you have a lawyer that seems to be too busy to handle your case. The judge can order him to return your fee, and if he won't you can file a fee dispute to get him to return your money. You should also hire a new attorney right away to take care of your DWI case, one who will give you the time it needs. I am an attorney who has handled very many DWI cases in the past in New Jersey. I also go to court in Newark frequently since my office is just down route 22 from Newark, in Cranford (exit 137 on the Parkway). Please give me a call to discuss your case. I would be very happy to take over representation and also may be able to help you file a fee dispute against your current attorney if he won't voluntarily return your fee. Please call me at 1-908-272-0111. Thank you. Sincerely yours, Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
Re: Can I take my attorney to ethical court?
It appears that your attorney will fail to appear again and the judge will order him to return the fee you paid him. You should take the money and hire another dwi attorney.
If you are seeking additional compensation from the attorney I supppose you will have to sue him.
If you believe the attorney has acted unethically you should contact the local ethics committee.
If you call the New Jersey Supreme Court it will give you a referral.
If you foresee hiring another dwi attorney; I am available.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.dwitrials.com
Re: Can I take my attorney to ethical court?
It is most certainly "possible" that the judge has both the power and the authority to order your current attorney to return your retainer fee, should he again fail to appear in court on your behalf.
An attorney is not entitled to collect an unearned fee. Further, an attorney may be required to return the retainer if, while performing certain services, he fails to minimally comply with his obligations to the client. In this case, the judge has told you she considers your attorney's repeated failure to appear as not living up to his minimal obligation to you.
The judge has the power to order the attorney to return the retainer fee. If he refuses to do so, he may be subject to an ethical complaint and/or a contempt citation.
Your attorney has now told you that he already knows he will not be able to make the next court appearance.
At this point, you need to consult with a new attorney as soon as possible. That new attorney, if you decide to retain him/her on mutually agreeable terms, can advise you as to how to best go about discharging your current attorney. Your new attorney can also apply on your behalf to the court for reimbursement of your retainer paid to Attorney Number 1, if Number 1 is unwilling to return the retainer voluntarily.
Please contact me if you wish to discuss the possibility of retaining my services. I can be reached at:
973-605-8995
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