Legal Question in Criminal Law in Pennsylvania

Can Lawyer resign after not granted motion to withdraw from court appointed atto

I have a friend that is incarcerated. He is trying to get a PCRA in his favor. His court appointed attorney is not helping him at all and filed a motion to withdraw as his attorney. The Judge did not grant his motion to withdraw. He has not followed any of my friends instructions on which issues he wants filed. Now my friend receives a letter from this lawyer saying he is resigning and that he has assigned a new attorney to take on the PCRA motion. Is this a legal action by this attorney? What can we do to resolve this?


Asked on 8/05/04, 6:43 pm

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: Can Lawyer resign after not granted motion to withdraw from court appointed

yes. sounds like a PD office to me, else the whole office would be disqualified. the atty knows the issues; your friend is too close to the facts -- most likely. it's like when the lifeguard's drowning victim fights his own rescuer.

u have 1 or perhaps 2 choices: ask for conflict counsel or hire a private lawyer. someone young and fresh-faced might start things for 2500.

good luck

TV

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Answered on 8/06/04, 10:25 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Can Lawyer resign after not granted motion to withdraw from court appointed

I'm not really sure what you're saying. Was the old attorney a Public Defender or a court appointed attorney? (An attorney is appointed if the PD has a conflict--for example, when there are multiple defendants and one is already represented by the PD.)

There are some situations under which an attorney may "resign" as you put it...for example, if it was a PD and the person left the PD's office, or if the private court appointed attorney has left practice. What were the grounds under which the attorney sought to withdraw?

I agree with the advice given to you by Attorney Valko. Depending on the situation, you should either ask that a new attorney be appointed or, better yet, try to get a private attorney to do the PCRA, or at least to get the ball rolling on it.

I see that your zip code is in Ford City. I am in Armstrong County also...would be willing to speak with you about it. Give me a call at 724-845-8340.

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Answered on 8/06/04, 9:49 pm


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