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Old 03-11-2009, 10:22 AM
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Join Date: Mar 2009
Posts: 1

should I drop my attorney?


What is the name of your state (only U.S. law)? Arizona (AZ)

Hi. DUI, BAC between .10 and .14, I expect to make a plea agreement

I had an arraignment scheduled for March 6. I found out about the date around one month prior and discussed it with my attorney (retained him months before charge was filed in February.)
Attorney mentioned the request for disclosure he would file with the prosecutor's office but it seems he waited to file it.

On March 6 my lawyer did not show up for the arraignment (I did) although I spoke with him the day before to confirm we would both be present.

By cc I see that he has filed the request for addt'l disclosure on March 6, date of the arraignment that he missed. At the time of the arraignment, the court did not have record that I had legal representation, so am I sure that my attorney's office had not yet been in contact with the prosecutor. Missing the court date and making a flimsy excuse can be overlooked, but he seems to have dropped the ball at every step and filed that motion on the 6th when I called to remind him he had missed an obligation.

I think I should drop him and go with a PD as the atty has made me do most of the work until now. Being unemployed, I have no desire to incur legal fees for someone not helping my case. I am not interested in suing him, but will tell him I want any unused retainer refunded to me.

My question is: Is it reasonable for me to expect that the motion for discovery would have been filed by my attorney prior to the arraignment? I spoke with him about it three times prior to the arraignment so am certain he was aware of the case and the hearing date.

thanks and God bless,
AZ
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