How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110428
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

i fired my public defender today.....i asked her via email

This answer was rated:

i fired my public defender today.....i asked her via email just now for all evidence and depos and all certified answers to questions plus all investigative reports from her investagator....her responce was ..i have a copy of all discovary good luck.........well im missing 2 depos all certified questions answered plus all reports from that work product and if not how do i make her give it to me ,,,,,,, and second as pro se can i ask for a hearing on this and proper way to do it if necessary
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please reconsider going pro se in FL, it is not a wise idea, especially in a criminal case as the FL courts are not friendly to pro se litigants in the least.

Florida courts have stated that the file of a client is considered the personal property of the lawyer. Unless the client's contract with the lawyer provides otherwise, the lawyer has no obligation to provide the client their file. As stated by the court in Donahue v. Vaughn, 721 So.2d 356 (Fla. 5th DCA 1998):

[T]here is no duty upon a private attorney to give any of his files to a client, save documents which are solely those of the client and held by the lawyer. Pleadings, investigative reports, subpoena copies, reports and other case preparation documents are property of the lawyer."

Thus, all the attorney has to turn over to you is the discovery information from the prosecutor, but not depositions or investigative reports.

You need to hire yourself another attorney for this matter to protect your civil rights in your criminal matter though, as we have heard and seen from customers on this site that it is not good for anyone to go pro se in these matters.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

ok i gave her the file in the doesnt she have to give me that they declaired me indegent on this case shouldnt i get a copy of all deos taken in the case plus all evidence by the state?

Thank you for your response.

You are entitled to receive back whatever you provided to her. You are not entitled to the depositions though, those are the property of the attorney according to the FL court case above, even if you were declared indigent. You also need to call the FL bar and ask for the other pro bono attorneys in your area who would be available to pick up your representation.

You get all of the state's evidence and you can also request that in writing to the prosecutor, since they have to turn it over to you, but the court said what it said above, I did not make that up I am afraid and it is why I quoted the court directly.
Customer: replied 2 years ago.

ok so if the depos have been transcribed then how do i get them ?

Thank you for your response.

You can ask the court to waive the fees for you to get them from the court reporter who took them and you can get them from the court reporter. Or you can pay the court reporter who took them for the depositions or ask the court to order your attorney to turn them over to you (that is the court's discretion).

Related Criminal Law Questions