Client Lawyer Relationship

What is the name of your state? Arizona

Recently I was charged with a criminal offense. I was appointed a public defender. We worked very closely in regards to the case. We met on several occasions and discussed motions which were going to be filed, etc. Unfortunately, due to a conflict of interest, this attorney had to withdraw so I was appointed another public defender out of another office.

The new attorney has had my file for over a month, the trial is in less than a month. I have contacted this attorney on three different occasions to meet. I was just informed that my file still hasn't been reviewed, the attorney hasn't had time yet. I told the attorney I thought it was important that we discuss my case, thoughts, ideas, etc. I also asked if I could take a look at any pleadings prior to filing. (The reason for this is because I have worked for a civil attorney for several years and know how to research case law, etc...since this happened to me, I have done a lot of research on criminal law and just want to make sure everything is covered).

Below is the response I received:

...If I believe there are legal grounds, I will write the motion(s). It is my decision on all legal issues, including whether to write motions...if you want a copy of the pleading I file with the court, I will give you one (after filing). Unless I ask for your input, you will not be requested to either review my work or share suggestions....

******
I am very concerned by this response and wonder if you agree that I should be. Is there anything that can be done?

Thank you very much for your assistance.

Public defenders, you get what you don't pay for. What'd you expect. If your looking at some serious penalties, fork out the money to get a real lawyer or study up on your case and your legal options and represent yourself in court.

The lawyer, whether public defender, court-appointed or hired and whether criminal or civil case is absolutely correct. The lawyer signs the pleadings and it is the lawyer, not the client, who is held accountable for making all legal decisions not the client. If you want to run the show, then represent yourself or hire an attorney that will agree to act as your puppet. You certainly have that right; but as a lawyer there is absolutely no way in hell that I would let a lay person pre-approve my pleadings. If the client is so knowledgeable about the law, then they can draft and sign the pleadings.

[HomeGuru]

I agree.

Thanks for all your responses. I really appreciate your input. I understand that the lawyer is held responsible and certainly should be the one who makes the final legal decisions. I don't want to "run the show" or find an attorney "to act as my puppet." I want an experienced attorney who agrees that meeting with the client and discussing matters is just as important as thoroughly reviewing the case file.

I was not asking to "pre-approve the pleadings"...I wouldn't know the first thing about preparing a criminal pleading. When I made the request, it was solely for the purpose of understanding how the attorney was approaching my defense (since the attorney feels we do not need to meet) and to ensure that all the facts are accurately recorded.

You see, this is a complex case, and my original attorney was going to file as such. In the short amount of time left before trial, I just wanted to make sure that all aspects were covered. I am well educated in civil law and when I was faced with this criminal matter, I researched it extensively. I would think that an attorney would welcome the information I found considering I was able to put in three to four hours per day researching the matter. I was just trying to be helpful, not try to act like I knew more or could do a better job myself.

The outcome of this case affects my career as well as my freedom. For those two reasons alone, is it too much to ask that a thorough job be done rather than accepting a plea or sidestepping all the legal issues? Why bring only two suppression issues to court when there are well over 30 problems with the case, including knowingly false information in affidavit, unlawful arrest, improper search and seizure, improper execution...I could go on and on. Yes it will be a lot of work, but it is necessary in this case. And yes, I would like to hire private counsel, but unfortunately, my career has been yanked out from under me because of this, so I have no choice.

I guess my request was misunderstood and I should probably write to my attorney and try to explain. I'm just a little scared and with so much riding on this, it's hard to put my life in someone elses hands.

[stephenk]

is your complicated case the simple drug possession charge you posted earlier?

Hi ~

It does involve the simple possession charge, but there is much more to it. Without going into a lot of detail, I will provide some info. My roommate's business closed. He moved his business inventory to my backyard until he could find another storage facility. Apparently the police thought he was involved in illegal activity and served a search warrant at my residence. Even though I was not named or even considered a suspect, I was handcuffed and taken away. I was questioned about alleged stolen property that my roommate had. I was later released - not charged with anything. Two months later, the police came back and stated if I didn't come forward with information, I would be charged with possession of a dangerous drug, which I was. (Trace amounts discovered in a baggie during the search).

Apparently there were a couple items that came back stolen. He had owned a repair shop for over 8 years. I guess because they didn't find what they thought they would, I am being charged with possession of stolen property. According to my past attorney, they are waiting to charge my roommate until the conclusion of this case. At that time, they are going to charge me with accomplice charges for conducting a chop shop. They plan to use this felony against me so that I will be looking at mandatory prison time on the chop shop charges.

So, there you have it in a nutshell, my whole life is being turned upside down because they think I know something. I have never been in any trouble and certainly wouldn't be involved in anything like this. I've lost my career and the only way I will ever be allowed to go back to the field is to prove that I'm innocent. I don't know if I have a lot of faith in my attorney accomplishing this, based on the one and only email I received, which I reference above. There are only three to four weeks before trial. The attorney hasn't even reviewed the case yet.

So I was just looking for some opinions as to how I should proceed, and if, based on the response, I will be receiving decent representation when I am not going to be involved in any of the decision making or be involved in any discussions about the case.

Thanks!

[calatty]

The truth is that "meeting with the client and discussing matters" is NOT even close to as important as thoroughly reviewing the case file. All he needs to know from you is what your side of the story is, and he probably already got that from the prior attorney's notes. If you want an attorney who will spend time hearing your point of view and discussing every step he is going to take and pretending he is interested in your legal research, hire a private attorney who will charge you megabucks for every minute of the handholding.

The polygraph can be a good tool. Find a private polygraph examiner. Give him/her a copy of the charges and police reports. Submit to the test. If you pass, call your lawyer and suggest that she/he propose to the prosecutor that you are willing to submit to a polygraph exam by a state examiner. The deal is that if you fail, you will plead guilty to some charge. If you pass, the state must dismiss the charge. The state may not be willing to do such a deal so in the alternative, ask that the prosecutor agree that the results of the polygraph will be admitted into evidence at your trial without objection.

[stephenk]

polygraph results are not allowed as evidence in a criminal matter.