Is this malpractice?

[Rj41]

Hi, I'm from upstate New York and I've been cheated by two different attorneys that were hired to defend me in a criminal case.
Lawyer "A" was instructed from the day he was hired to prepare for a trial, and that no plea bargains were acceptable. Eight months into the matter he decided on his own to accept a crappy plea bargain on my behalf. He even set a date with the court for me to appear.
When he contacted me and told me what he did, I immediately fired him and contacted a different lawyer. I cannot prove anything with lawyer "A" because I had no witnesses to any of the conversations.

I contacted a different lawyer but this time I brought a witness with me.
In our initial visit with lawyer "B", we could not have been more clear about the reason for the firing of lawyer "A". Also, we could not have been any clearer about what would be expected from him, (lawyer "B").
He accepted my $5000.00 with the complete understanding that I wanted the case to go to trial and he should spend absolutely no time working on a plea bargain, and that NO plea bargains offered by the court would be accepted.
This was witnessed by my sister who also participated in that and all subsequent conferences.

Well, it turns out that he spent no time gathering evidence in my defence or preparing for a trial, and he was working on a plea bargain the whole time!! I have positive proof of this.
We found this out the day before the trial was schedualed to begin!

This left me with 2 choices: Go to trial the next day with a lawyer who was in no way prepared to defend me and wind up in prison, or accept a plea bargain.

So, under duress I was forced to accept a plea bargain. Now the next 3 years of my life are ruined.

Is this malpractice? If yes, what can I do?

Thanks in advance for any help.

What recourse do I have, if any?What is the name of your state? NY

[garrula lingua]

Yes, granted, it is your decision whether or not to go to trial; however, if your position was hopeless, then both lawyers were trying to get the best resolution.

Lawyers are trained to win or get the best deal ... what you were asking goes against the grain - take a losing case to trial.

Can you prove you would have won an acquittal if it went to trial ?
How are you in a different position (other than probably better) for taking the dispo rather than a jury trial ?

Nothing prevented you from representing yourself; the Judge made sure your plea was made freely and voluntarily.
& neither atty committed the crime you were in court for - you did.

It sounds like you are transferring to the attys all your angst and remorse at committing a crim offense & getting caught & having consequences.

If I were you, I'd move on; stay in compliance with all your probation terms; sin no more.

[Rj41]

It sounds like you're defending the Atty.

"Nothing prevented you from representing yourself;"
Only an ASS would suggest that someone represents themself in a trial.

By the time I hired the second SCHMUCK, I had overwhelming evidence of my innocence which was all given to the Atty. and was not used for my defense. He was given explicit instructions to not spend any time on a plea bargain.

I knew this forum was a waste of time.