• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this competent lawyer behavior?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

robo8000

Junior Member
What is the name of your state (only U.S. law)? WA

Hi everyone. A friend of mine wound up with a misdemeanor domestic violence charge. She was unfairly charged in my view (very plausible self-defense claim; police left all evidence of her own injuries out of the report, etc). I hired a lawyer for her because she didn't have any money to pay. He came highly recommended but this far I have been somewhat disappointed regarding his engagement. It has been nearly two months and the only time he has spoken to the client was briefly at the pre-trial hearing. His argument up until that point was that he hadn't received a police report, so he didn't want to be somehow 'contaminated' by talking to her. But at the pre-trial hearing he received the report and scheduled another pre-trial hearing in about a month. Since receiving the new police report, there has been no contact or update.

My questions: isn't it normal to have some kind of conference with the client to talk about case strategy? Should he have reached out to the prosecutor by now to determine what they are willing to offer if anything? Should he have done background checks or other investigations on the person who filed the charges against her?

I honestly don't know what is normal in a case like this. She is a very quiet person, so basically I need to speak up for her if it seems like things are not being handled properly. It seems like at the very least his 'bedside manor' as an attorney is poor, but does this mean he's also mishandling the case? So far it seems like he has done exactly what the public defender would have done (namely very little).

Any thoughts from attorneys would be welcome!
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? WA

Hi everyone. A friend of mine wound up with a misdemeanor domestic violence charge. She was unfairly charged in my view (very plausible self-defense claim; police left all evidence of her own injuries out of the report, etc). I hired a lawyer for her because she didn't have any money to pay. He came highly recommended but this far I have been somewhat disappointed regarding his engagement. It has been nearly two months and the only time he has spoken to the client was briefly at the pre-trial hearing. His argument up until that point was that he hadn't received a police report, so he didn't want to be somehow 'contaminated' by talking to her. But at the pre-trial hearing he received the report and scheduled another pre-trial hearing in about a month. Since receiving the new police report, there has been no contact or update.

My questions: isn't it normal to have some kind of conference with the client to talk about case strategy? Should he have reached out to the prosecutor by now to determine what they are willing to offer if anything? Should he have done background checks or other investigations on the person who filed the charges against her?

I honestly don't know what is normal in a case like this. She is a very quiet person, so basically I need to speak up for her if it seems like things are not being handled properly. It seems like at the very least his 'bedside manor' as an attorney is poor, but does this mean he's also mishandling the case? So far it seems like he has done exactly what the public defender would have done (namely very little).

Any thoughts from attorneys would be welcome!
Please have the "friend" sign up under her own user name. We will need to speak to her.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? WA

Hi everyone. A friend of mine wound up with a misdemeanor domestic violence charge. She was unfairly charged in my view (very plausible self-defense claim; police left all evidence of her own injuries out of the report, etc). I hired a lawyer for her because she didn't have any money to pay. He came highly recommended but this far I have been somewhat disappointed regarding his engagement. It has been nearly two months and the only time he has spoken to the client was briefly at the pre-trial hearing. His argument up until that point was that he hadn't received a police report, so he didn't want to be somehow 'contaminated' by talking to her. But at the pre-trial hearing he received the report and scheduled another pre-trial hearing in about a month. Since receiving the new police report, there has been no contact or update.

My questions: isn't it normal to have some kind of conference with the client to talk about case strategy? Should he have reached out to the prosecutor by now to determine what they are willing to offer if anything? Should he have done background checks or other investigations on the person who filed the charges against her?

I honestly don't know what is normal in a case like this. She is a very quiet person, so basically I need to speak up for her if it seems like things are not being handled properly. It seems like at the very least his 'bedside manor' as an attorney is poor, but does this mean he's also mishandling the case? So far it seems like he has done exactly what the public defender would have done (namely very little).

Any thoughts from attorneys would be welcome!
There is nothing that you have said that shows the attorney's competence or incompetence.

If your friend is concerned about the seeming lack of contact, she can/should make an appointment with her attorney to discuss her concerns.

Your friend always has the option of firing the attorney if she is not satisfied with the level of representation she is receiving.

Please do not take my following comment the wrong way. Even though you paid for the attorney for your friend, the attorney's sole obligation is to his client/your friend. The less you interfere in this relationship, the better it stands to be for your friend.
 

robo8000

Junior Member
There is nothing that you have said that shows the attorney's competence or incompetence.

If your friend is concerned about the seeming lack of contact, she can/should make an appointment with her attorney to discuss her concerns.

Your friend always has the option of firing the attorney if she is not satisfied with the level of representation she is receiving.

Please do not take my following comment the wrong way. Even though you paid for the attorney for your friend, the attorney's sole obligation is to his client/your friend. The less you interfere in this relationship, the better it stands to be for your friend.
Thanks understood. To clarify though, I signed the contract with the attorney.

I'm not sure why you can't treat it as a hypothetical question. In normal cases how is a criminal attorney supposed to operate?
 

robo8000

Junior Member
There is nothing that you have said that shows the attorney's competence or incompetence.


Your friend always has the option of firing the attorney if she is not satisfied with the level of representation she is receiving.
That is not a helpful answer.
 

Just Blue

Senior Member
Thanks understood. To clarify though, I signed the contract with the attorney.

I'm not sure why you can't treat it as a hypothetical question. In normal cases how is a criminal attorney supposed to operate?
1. That you paid for and signed the contract of your friends attorney doesn't matter. The attorney represents your friend and s/he is the only person s/he is obligated to speak to. You are just the "bank" and owed nothing more then a canceled check or a receipt.

2. We don't "do" hypothetical" questions.
 
Last edited:

quincy

Senior Member
Thanks understood. To clarify though, I signed the contract with the attorney.

I'm not sure why you can't treat it as a hypothetical question. In normal cases how is a criminal attorney supposed to operate?
Well, we COULD treat this as a hypothetical but, because we do not entertain hypotheticals on this forum, you would then get no responses at all. ;)

All attorneys have their own ways of operating, within their states' professional rules and ethical codes. There is no such thing as "normal." Every case brings with it its own quirks and all attorneys have their own quirks, too.

Again, it is nice that you are paying for the attorney but paying for the attorney entitles you to bills but not access to the attorney or the client's case. You do not want to involve yourself too much because you could find yourself being called as a witness.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top