how to get my case file from my defense lawyer

You can obtain the entire file from your lawyer. You have put him on notice that you want them, so go to his office and ask. It is your property, and he can and should retain a copy.

Full Answer

How do I get my attorney to give me my file?

Sep 18, 2012 · You can request your file at any time. However, before doing so I would schedule a face to face meeting with your attorney so that you can express your concerns.

How do I file a lawsuit against my attorney?

Feb 20, 2013 · Posted on Feb 20, 2013. You can obtain the entire file from your lawyer. You have put him on notice that you want them, so go to his office and ask. It is your property, and he can and should retain a copy. Providing users with information is not intended to create an attorney/client relationship.

How do I get a copy of my case file?

Oct 24, 2011 · If your case is in Maricopa County, you can register for ECR (Electronic Court Record) to view/print copies of documents filed with the court in your case (pleadings and orders): https://ecr.clerkofcourt.maricopa.gov/Registration.aspx This would not include documents such as correspondence between the attorneys or documents exchanged as …

What can I do if my lawyer Won't Let Me retrieve files?

Can an attorney hand over a court case?

Your attorney is required to hand-over your files at your request. This is very reasonable, and since you spent 5 months in jail, it sounds like a good idea to have someone look at it for a potential appeal or further legal action.#N#Additionally, You can always go to the court and ask for copies of the court's file. It...

Can a lawyer get a copy of a case?

You are entitled to your file, the lawyer you are having review your case can certainly get a copy. Worst case scenario you can get a copy of all filings from the court and all discovery from the DA.

Can an attorney give you a copy of the docket?

You can also go to the courthouse and ask for a copy of the docket and everything inside of it. You may have to pay for those copies. 0 found this answer helpful.

How to get a copy of a divorce case?

Send a letter to the attorney requesting a copy of the complete file. If Attorney refuses, make a complaint to your local county Bar Association.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

What is a demand letter to an attorney?

Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees. Under the Rules of Professional Conduct (RPC), rule 3-700 requires the attorney on termination of their representation to return all client papers and property on your request. Under RPC 3-500, an attorney is required to comply with reasonable requests for information and copies of significant documents when necessary to keep the client informed.

Do lawyers have to provide copies of their files?

Your lawyer is obligated to provide copies of his/her file to you, for a reasonable charge.

What to do if you have been charged with a crime?

If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...

Do you have to be competent to represent yourself in a criminal trial?

You must be legally "competent" before a judge will allow you to represent yourself in a criminal trial.

Can a defendant get a public defender?

Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.

Do lawyers keep their confidences?

Your lawyer must keep your confidences, with rare exceptions.

Can an attorney give advice?

While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.

What is the role of a lawyer in a case?

Your lawyer is allowed to ensure that you are aware of the evidence in your case and allow you to assist your them in defending you in your case. This can be accomplished by allowing your lawyer to read the discovery to you and allowing you to read the police reports in your lawyer’s presence.

What is the stage of a criminal case where a prosecutor is required to give evidence?

This is called the “Discovery” stage of a criminal case.

What happens if you fire a lawyer?

If you fire your lawyer and hire someone else, your lawyer must turn over all of the discovery to the prosecutor. Once your new lawyer files his appearance, the prosecutor will turn over the discovery to your new lawyer. James Dimeas is a nationally-recognized, award-winning criminal defense lawyer.

What are the rules of the Supreme Court?

The Supreme Court Rules govern what happens in court and what your lawyer can or cannot do while they are representing you in a criminal case in court. Your lawyer is required to follow all those rules. The prosecutor is required to give your lawyer all of the evidence in your case.

Is a lawyer obligated to communicate with you?

However, your lawyer remains obligated to communicate with you and keep you reasonably informed about your case. While Supreme Court Rule 415 (c) may seem to be in conflict with the Illinois Rules of Professional Conduct, the legal issues have been litigated and decided by the Courts.

Can a lawyer make copies of a police report?

Police reports may include the names and addresses of witnesses and police officers, and other identifying information that the Supreme Court does not want to be made public. So, your lawyer is prevented from making copies of the discovery and giving it to you.

Can a criminal defense lawyer give you a copy of a police report?

While that may be the reason behind refusing to give a client police reports in some cases, people need to understand that your criminal defense lawyer is prohibited from giving you copies of the police reports. Let me explain why. Your lawyer is required to follow certain rules.

What do you need to be a trial lawyer?

Trials require the skills of a lawyer who has experience in the courtroom and making a strong case to jurors. Trial lawyers need to be very conscious of multiple, rapidly approaching deadlines, and must also be extremely careful in their negotiations with opposing counsel.

What is the difference between an oral argument and an appellate case?

They come to the court room extremely well prepared and become experts on the cases before them and the applicable laws. An oral argument, in which an appellate attorney faces a barrage of questions from appellate judges, requires a very different skill set.

Does failure to file a notice of appeal mean ineffective assistance of counsel?

The U.S. Supreme Court determined that an attorney's failure to file a notice of appeal doesn't necessarily constitute ineffective assistance of counsel as long as the defendant didn't clearly convey their wishes on the subject. In many states, the state public defender (or other assigned counsel) generally will handle the appeal for those unable to pay.

Can a lawyer serve both sides of a case at the same time?

Generally, lawyers find that they can best serve their clients when they focus on either their trial skills or their appellate skills, but not both at the same time. So if your case is past the trial phase and headed to appellate court, it may be in your best interests to find a new attorney who specializes in appellate practice.

Is it smart to get a different lawyer for an appeal?

The truth is, getting a different lawyer for an appeal is the smart way to go; the process and skills required are different than those pertaining to trial-level proceedings. The following is an overview of why getting a lawyer for an appeal -- a different lawyer -- makes sense.

Can a lawyer file an appeal for a conviction?

You must ask your lawyer to do so, or find another attorney who will. If you want to appeal your conviction, be sure to specifically and clearly inform your attorney of that fact.

Why can't a prosecutor dismiss a case?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness' testimony.

What are the grounds for dismissal in a criminal case?

Some grounds for dismissal include: lack of probable cause to arrest. an improper criminal complaint or charging document. an illegal stop or search.

Why do you dismiss a case if a key witness is unavailable?

If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt.

How do police arrest people?

A police officer cannot arrest a person simply because he has a gut feeling that the person just robbed the liquor store down the street. The officer must have a reasonable belief based on objective factual circumstances that the person robbed the store. For instance, after the liquor store robbery, an eye witness to the robbery describes the robber to the police officer as a person wearing a red jacket with a dragon emblem and boots and carrying a knife with a long blade and a black handle. If the officer sees a person matching that description hiding in a doorway down the street, he likely has probable cause to arrest.

Can a witness be identified as the person who committed the crime?

Some cases also hinge on a witness being able to identify the defendant as the person who committed the crime. Without the identification, the other evidence might not be strong enough to get a conviction. If a witness realizes after first identifying the defendant that he or she is unsure and not able to to identify the defendant at trial, the prosecutor might decide that, without the witness identification, there is not enough evidence to win at trial and a dismissal is in order.

When are cases dismissed?

Occasionally, cases are dismissed after the defendant has gone to trial, lost, and won an appeal . For information on post-conviction dismissals, see Getting a Case Dismissed After Conviction.

Can a defendant go to trial?

Not every defendant who faces criminal charges will proceed to trial or a plea. Many cases end up being dismissed, by the prosecutor or the court. The first task for a defense attorney in a criminal case is to determine whether there are any grounds on which the case could be dismissed before a plea or trial. Some grounds for dismissal include:

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

Why do prosecutors drop cases?

You could also have a case dropped due to lack of evidence, which means the evidence against you isn’t strong enough to go to court.

Can you get your charges dropped before trial?

It’s also possible the evidence against you was illegally obtained and therefore wouldn’t hold up in court. Your defense attorney may be able to uncover this situation and help get your charges dropped before trial.

Can you drop charges before a court date?

If you’re thinking about how to get charges dropped before a court date, you might be curious if a victim can make this decision. Depending on the crime, it’s not entirely up to the victim to drop the charges.

Can a felony be dropped?

If you’ve been charged with a felony, you’re probably wondering – can felony charges be dropped? Fortunately, they can and sometimes are. However, there is not much you can do on your own to figure out how to get the charges dropped. It’s usually up to the prosecutor to decide this.

Can a prosecutor drop charges before filing?

If you’re not sure of the difference between having charges dropped and a criminal case dismissed, note that the outcome is about the same, but the method is slightly different. In short, a prosecutor can drop charges before filing them.