Improper case handling

[AudaSword]

i have a friend currently incarcerated in the florida dc for a crime he did not commit. this friend has been in prison for almost two years and 14 months of those two years he has had a lawyer "working" on his appeal. he has very good grounds for an appeal but we are under the impressions that the lawyer has not been doing her job. she has told us since feburary that all of the work on his case is done and all he needs to do is to sign it. yet she has made no attempt to make the 1 hour drive to see him so he could sign the necessary documents. what if anything can we do to make her do her job and get him home. as you can well imagine we are both very frustrated with our current lawyer and her lack of concern for his case. we have heard nothing from this lady in 2 months despite numerous phone messages. please help.

 

[calatty]

I don't know about FLA in particular, but in CA and other states, an appeal is a lengthy process, often taking a year and a half or more. Some months are spent waiting for the record, that is in the transcript of the court proceedings, to be prepared, writing the briefs, waiting for the state's response, waiting for the court opinion. During those times there is nothing to report to the client and no reason to write him. In CA at least, the client does not have to sign any papers connected with the appeal, and if there are papers to be signed, they can be mailed. Also, there is rarely a reason for the appellate attorney to visit the client, because only issues that are in the record are appealable and if necessary, he or she can write the client or set up a legal phone call. If he is concerned whether the lawyer has been filing the required documents in court, he can write or maybe you can call the appellate court with the case number and ask what the status of the case is.