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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 86071
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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i fired my public defender today.....i asked her via email

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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 investigator....is 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
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 months ago.
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.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 86071
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 5 months ago.


ok i gave her the file in the start...so doesnt she have to give me that back..plus 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?

Expert:  Law Educator, Esq. replied 5 months ago.
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 5 months ago.


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

Expert:  Law Educator, Esq. replied 5 months ago.
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).

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