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lawyer ethics/court procedures

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seacluded

Junior Member
What is the name of your state SC
I have a few questions and, after paying $15,000 to my attorney it begs the question..why do I need FreeAdvice? I shouldn't, but my attorney is not, in my opinion, representing me to the best of his ability.

I retained my attorney for a verbal assault/no battery charge. There were several witnesses and, because I have never had any sort of record, and I was innocent, I immediately consulted an attorney and told him I wanted a jury trial. He told me to meet him at the courthouse, we would talk and go over the case but this next meeting would be to pick a jury.

It was, partially. He knew nothing about my case but I thought we would have plenty of time. We spoke about the case on the courthouse steps so, when the solicitor said, "Are you ready for trial?" I looked at my attorney and said, "No way. I don't even have my witnesses. Had I known I would be going to trial I would have brought my witnesses." The attorney said to me, "Don't worry about it...we're fine."

I was on the stand, this was on the record and I said, "I am not ready for trial. I would have brought my witnesses."

Long story short, I have never been on the stand, I looked like a moron, sounded like a moron and I was found guilty. If I were on the jury I would have found me guilty.

I immediately told my lawyer to appeal as I didn't feel that I should have gone to trial under those circumstances. I guess I am really dumb because I said to my atty, "Look, I shouldn't have had to go on with this case when I had no witnesses there" He knew I was unhappy with him but he's the lawyer, not me, so I thought he should know what's best. I trusted him.

My attorney filed the appeal citing an error in law by the judge. The error was that I didn't have the means to assault anyone. The plantiff had a weapon, I did not. I was in a cast, he was ambulatory.

To this date I have yet to see the appeal or get my transcripts of the case and I have been asking for two years. My lawyer refuses to give them to me. I am, he said, permitted to listen to them but not take them. He did not supply the court of appeals with a complete and true transcript as he only submitted what he feels is the error. It is my opinion that he realizes he didn't represent me to the best of his ability and does not wish to offer up the entire transcripts. His wife typed them. I thought that was the job of a court reporter.

Move ahead to this year. The plaintiff had me arrested again for harrassment and stalking. That was what the police officer wrote. My court papers say harrassment. They referred back to the verbal assault/no battery case and, in November 2010 I was indicted by the grand jury, for what, I have no idea.

My lawyer never advised me that I was indicted, no one told me I was indicted. I found out on the computer while looking to see how I could get my transcripts. I called my atty asap and asked him if I was, indeed, indicted. He said to me, "Yes, I guess so." Harrassment, first degree.

My case was in a magistrates court and they offered me a deal; 30 days in jail and a $1000 fine. I refused as I was innocent and they sent it to a higher court, a felony, and now I have been indicted by the grand jury. This is insane. No one was ever touched, no one was hurt, nothing happened that the plaintiff stated happened but I keep getting arrested because the plaintiff has a business where all the police hang out and he just calls and says whatever he pleases and they (his buddies) come, arrest me, I make bail, get an atty, go home and he does it again. This has happened four times and the plaintiff is my neighbor. I called the police twice, they came out, never made a report and there is no record of it...no, not even the 911 tape!!!The arguments were over my property on which I was building a home. He was using my property for a dump, I asked nicely if he would refrain as I was having a house built and he didn't care for my stakes in the yard and my owning the property.

My questions are as follows:

Is a layperson permitted to type transcripts for an appeal?

Was my lawyer in error for allowing me to go to trial when I was not prepared?

Is my stating that I was not prepared grounds for an appeal?

I have been asking for my file and my transcripts for two years. Is not this my property and is not my atty obligated to give them to me? If yes, how do I get them? He just says no.

Can I change lawyers during this appeal? If so, would it be wise to do this? Can another attorney finish my appeal or would he start a new one?

Can I be indicted for this charge, harrassment, first degree, if the first charge of verbal assault is under appeal?

How can I prove that these police are doing this? I did call one of the officer's supervisor, complained to him, stated that he was at my house, taking a report, there is none on file. This policeman has backed off, doesn't do anything any more and says hello if he sees me. (I also own a business)

I am worried that I'm going to fall through the cracks and go to jail for nothing because this man is very much connected...not with the Mafia, with the police. I think this may be worse.

I understand, fully, that this posting sounds dumb but one has to understand that I am not, nor have I ever been, familiar with the court system. I thought inncoent meant you would go home, period.

I have no idea what to do and any advice will be most appreciated. Thanks
 
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Tex78704

Member
You have a right to the transcripts of your hearings. You can go directly to the court reporter who made them in the first place and pay for a copy. You may go to the court of appeals and view your case file while there, and they may provide you a copy (for a fee) upon your request. If it is a state court of appeals, the ruling on your case should be posted online.

But from what you have stated here, it appears you no longer have an appeal to pursue. It is over and done with. The time limits for challenging your appeal expired long ago.

At this point, the only way to properly answer and address your legal issues would be to seek a competent attorney to review your case, and to fire your current attorney and hire another if needed.
 

seacluded

Junior Member
I thank you for your answer as it was very helpful and I will do as you suggested. However, today, when I attempted to retain an attorney to review the case for me I was told that he would not speak to me as I am represented by an attorney already. What I wanted was for him to review my case, assist me by advising me if there were any salient points missed, glossed over etc. Bottom line: Did my atty do as poor a job as I think he did.

How do I obtain legal counsel to assist me if none will speak to me because I have counsel? I don't wish to arbitrarily dismiss my atty. What if I am wrong and he did a good job? I have no idea of procedures and the law. I could be barking up the wrong tree and I can't accuse a man of wrong doing if he did everything right and things just didn't go my way.

I attempted to get my transcripts the way you suggested. My atty has them, the clerk (court reporter) can't find them and he won't release them to me. Am I correct in the assumption that all of my file including, but not limited to, my case in appellate court, the case that I have just been indicted for and all of the tapes are my property?

This is very confusing as I thought that I had paid $15,000 for an ally, for representation...and I don't feel like I am getting any.

Can I speak to another atty if I am represented?
Can a new atty review the appeal that is already done; the one on which you said it is too late? If it was done incorrectly, can it be thrown out?
If I dismiss my attorney, have paid him in full and in advance, would I be liable for anything else?

I am sorry to be asking so many questions but this is very serious to me as I have never been in jail and don't wish to start being an inmate at almost 50.

I see another atty tomorrow at 2:30. Any questions I should ask him?

Thanks very much for your help. It is most appreciated. :(
 

Tex78704

Member
...today, when I attempted to retain an attorney to review the case for me I was told that he would not speak to me as I am represented by an attorney already. What I wanted was for him to review my case, assist me by advising me if there were any salient points missed, glossed over etc.
Bottom line: Did my atty do as poor a job as I think he did.
Any discussions with a new attorney should focus only on resolving your CURRENT legal problems, rather than rehashing old issues and an old appeal, which for the most part is water under the bridge.

You are muddying the waters such that no one may want to touch your case.

Nor will many attorneys take over a case where they are expected to bash or otherwise suggest the attorney they may replace did not do their job. Simply state things are not working out with your attorney, and you wish to find another attorney for your current or pending legal problems, and leave it at that.

I attempted to get my transcripts the way you suggested. My atty has them, the clerk (court reporter) can't find them and he won't release them to me.
The Court Clerk is not also the Court Reporter as you implied, and if you asked the Clerk for records that cannot be found, then those records were never filed in that court. Transcripts (Reporters Record) are not generally part of the Clerks record. It should be easier to get the records you need from the appeals court, rather than the lower court, assuming you are referring to a state court of appeals, and assuming this appeal was properly filed and disposed of as your attorney indicated.
 

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