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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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My husband was represented by a lawyer a few years ago who

Customer Question

My husband was represented by a lawyer a few years ago who later was found to be representing clients under the influence of alcohol and prescription drugs. We feel as tho she misrepresented him. Is there anything I can do? He has been in prison for 2 years now and we feel that if she would have stuck to what we discussed in consultation then he would have received a much smaller sentence. Instead, minutes after consulting, she made an outrageous request and it baffled us as to why she would completely go on a different route than what we had previously planned.
I want to file a grievance against her first and foremost then see what we can do from there. Would this be the best thing to do?
My husband is also up for parole for the third time in the upcoming months. Should I get him a parole attorney? Would that increase his odds of coming home?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Did your husband enter a guilty plea or was he found guilty of a crime by a jury?

What was the crime for which he was convicted?

Has your husband had any rule violations or had any problems while he has been in prison?

Was the attorney found to have represented clients while under the influence during the time she represented your husband?

Thanks
Customer: replied 1 year ago.


Yes, he wrote out a confession. He was found guilty by a judge. The crime was robbery. He got sentenced 8 years in TDC. He has had a few violations while being in there. I don't think any were major and the ones that were ended up being dismissed. I am not sure about her sobriety date. According to her it was before she represented him. But nonetheless I still saw questionable behavior from her. Disoriented and unsure of her actions.

Expert:  xavierjd replied 1 year ago.
Hi Ashley,

I am sorry for the delay. I was in court most of the day.

Yes. If your husband believes that his attorney was under the influence of drugs/alcohol, or was disoriented and unsure of his actions, he should file a grievance. You cannot do it because she represented your husband. Her actions or inactions affected your husband. Even though you have also been affected, your husband has to file the grievance because he was her client.

Below please find a link to the State Bar of Texas page on how to file a complaint against a lawyer. The page also explains the process and the disciplinary rules. If the attorney is found to have violated the ethics rules as they pertain to your husband, she can be disciplined by a private reprimand, a public reprimand, a suspension of her license or even a loss of her license to practice law.

http://www.texasbar.com/AM/Template.cfm?Section=Complaints_Against_Your_Lawyer

Regarding your husband's parole hearing, ANY violation can be used against your husband's ability to be released. Therefore, it would be in your husband's best interest to be represented by an attorney at his hearing. A parole attorney knows the system. S/he will be able best able to advocate for your husband during the hearing. Representation by an attorney may increase the chance of your husband's release.

Sometimes, an initial consultation is free or at a minimal charge. You may discuss the facts of your husband's case, evaluate the options and decide how to proceed. The attorney will have to also meet with your husband. Below please find a link to the State Bar of Texas page for the public. There is a link to an attorney referral.

http://www.texasbar.com/AM/Template.cfm?Section=For_The_Public


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Ashley,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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