Legal Question in Criminal Law in Virginia

Disqualified Attorney

My sister had an attorney that was given a retainer of $15,000 to represent her in a conspiracy drug case.He was told prior to receiving his full retainer that he had a conflict of interest as a prior client was some how affliated with her case.She has been incarerated for over 3 months.Motions were filed to take him of the case by the prosercution.After 3 moths he was disqualified & has yet to meet with my sister to discuss the next steps. The majority of his time was spent of providing that HE didn't have a coonflict of interest not on the innocense of my sister.We have tried numerous times to contact him via email,phone,text & office visits.visits.He is truly avoiding us as we feel we are intitled to an itemized statement of his work & a substanial refund as well.What leagl advice can you give me & what can we do legally to get this situation resolved before it is to late.My sister is being linked to this conspiracy because she had her boyfriend's vehicle registered in her name.THAT IT.PLease advise


Asked on 7/05/08, 9:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Disqualified Attorney

Your sister should send a letter certified discharging this attorney as her defense counsel since he can no longer adequately function as her defense counsel and demanding the return of most of the advance fee that was paid to him by a date certain(no more than two weeks from the date of this letter).

Then, if there continues to be no response and no refund from this attorney, your sister should file a formal complaint against him with the Virginia State Bar.(Forms for the complaint can be found online at www.vsb.org.)

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Answered on 7/06/08, 11:57 am


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