Wednesday, May 21, 2008

How far into your case can your lawyer be replaced? -

Criminal Law: I have my FMC (finale management comference) in two weeks but am unsatisfied with my current lawyer.

Right up until the trial/ case goes to the Judge for disposition. If you dismiss your lawyer you may ask for a remand/continuance to obtain new counsel, and the Judge should also allow you time for the new lawyer to get info./ disclosure before the next appearance date.

It depends on the jurisdiction you are in. You can sack your lawyer at ANY time during procedings. THis may abort a trial, or contested hearing, (I m from Australia) and may lead to delay in your hearing, if the Court feels that a new lawyer needs time to get up to speed with your case. However, especially if there have been other matters which have caused delay in your case, the court may be minded to have the matter proceed or give a very short adjournment in order to brief someone else. A lawyer, of course, can t act if you tell him or her, that you committed a particular crime, but then give instructions to him to plead not guilty. S/he has a higher duty to the Court and must disclose what was said. The only way around this is for the lawyer to cease to act on your behalf. Then, of course, you will need another.

He s working for you, and it s your case. You are free to replace him at any time you wish.

You can replace them at any point in time, but that doesn t mean the court will make last minute allowances because your new lawyer isn t up to speed on the case.

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