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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99417
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Should i fire my court appointed attorneys? Its a team, that

Customer Question

Should i fire my court appointed attorneys? Its a team, that attorney is a highly successful local lawyer in conroe hes got the third highest success rate in his trail cases in montgomery co... hes a bit of a local celebrity often attracting local medias & news affiliates in conroe/ Montgomery county. my discrepancy isnt really aimed at him but to the court going assistant . they dont try to apply any common defense practices ie; calling witness affidavits,or ordering evidence to be reviewed/scrutinized like fingerprinting to verify if any of my prints are on it or not,or asking for times served in accordance with 1244 forms, or for dismissal because 1 of 5 arrested for same item has signed & served for that item... the assnt is conflicted w interests regarding evidence I was charged w and allows the da to treaten me w absolute conviction using the thing that is not the would be irrelivent as its not the charge,as a matter of fact he wouldnt known of it but I told it in confidence . jail found in on me but it was gone by the time I signed off on the personal effects and evidences lists that one must sign to verify the evidence arrested for and for the items one has upon arriving at the jail,this done at the end of booking b4 they place one in the jail..item in question was not in evidence nor on charges or on itemized lists of belongs or any other lists,it was no longer present . so the jail has yet to add to my bond as a charge then id have to arrive at the belief that this info is said to be in the files of the da that my lawyers assnt divulged it to her...or hes lieing to me because he stated that theyre going to convict me due to it,but ive never been charged w it? anyway im sure theres 5 ways to reduce remove or dismiss alltogether to 1 way to fail me ,but yet no atempt to do the defense. like theyre trying to show negligence as if to be fired what do I do. please advise court is 19th & I have requested a meeting to view the discoveries like they said I could to. now they say there arent any physical articless avail for me to see,its not a right of mine to see any eveidences they are going to present to court against me? im baffeled by their total disregard to defend.please advise ,angelica lisa \XXXX

Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. You certainty have the option of attempting to fire said attorney, but keep in mind the Court can refuse to appoint you a new one.

Texas Defendants sometimes try to prolong the matter by asking the Court to appoint them other counsel (I am not stating that this is what you are doing, but simply am telling you that this is what happens). As such, Texas judges have started to refuse Defendant's requests to appoint them another public defender unless they (i.e. you) can demonstrate that the attorney and you (1) are having trouble communicating or (2) their representation is lacking zealousness (which is very hard to prove).

If you request this (by asking the attorney to file a Motion for Withdrawal, the Court may:

1) Deny you, but warn the attorney to "shape up" and for the two of you to work better together (likely);
2) Allow it, but also would then task you with finding your own attorney; or
3) Allow it, and appoint another attorney (unlikely, as described above).

So can you try? Yes. Should you? This is up to you, but know that this request may be denied. Because if you try, this may hurt your attorney/client communication further, it is recommended to be the last-ditch effort, rather than the first thing attempted.

Either way, I wish you the best of luck.

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