what is the law to replace attorney general have to be a lawyer

When can I replace my attorney?

In matters of civil law, you generally have the right to replace your attorney whenever you want to, for whatever reason. In criminal matters, you can also replace your defense attorney, though that ability might be subject to court approval in certain circumstances.

How to make a change in an attorney?

Making the Change 1 Carefully review any retainer agreement that you signed regarding payment. ... 2 Notify your attorney in writing that you have decided to terminate his or her services. ... 3 Be polite and professional in your communications with your old attorney. ... 4 Find your replacement attorney before you fire your old one. ...

How is the Attorney General of a state chosen?

How is the attorney general of a state chosen? Under the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

Can I Change my Lawyer Without notice?

This may be one of the most common questions we get. The process is very easy. You are entitled to change lawyers whenever you want, and it shouldn’t cost you any additional money. If you are not happy with your lawyer for whatever reason, you can terminate his or her services without notice.

Who appoints the attorney general of the United States?

The PresidentThe President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L.

How do you become the attorney general of the United States?

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

How many U.S. general attorneys are there?

Holder, Jr. is the current and 82nd United States Attorney General, serving under President Barack H.

What is the role of the United States Attorney General?

The U.S. Attorney General oversees the Department of Justice, represents the United States in litigation, and advises the President and heads of federal executive departments on legal matters. The U.S. Attorney General is nominated by the President and confirmed by the Senate.

How can the attorney general be removed from office?

1) He is appointed by President of India. 2) He holds office during the pleasure of the President. 3) He must be member of either House of Parliament. 4) He can be removed by impeachment by Parliament.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

Who determines the salary of Attorney General?

the PresidentThe remuneration of the Attorney General of India is not fixed by the Constitution. He receives such remuneration as the President may determine.

Are Attorney Generals elected in the US?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website.

Who is over the US attorney?

Randy S. GrossmanCurrent U.S. AttorneysDistrictUnited States AttorneyCalifornia, SouthernRandy S. GrossmanColoradoCole FineganConnecticutLeonard C. BoyleDelawareDavid C. Weiss89 more rows

What power does the us Attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who does the US attorney general supervise?

the Department of JusticeThe attorney general's main purpose is to supervise the Department of Justice. The Department of Justice includes many important federal law enforcement agencies, such as: The Federal Bureau of Investigation, or FBI. The Drug Enforcement Administration, or DEA.

Why was Attorney General created?

The California Constitution establishes the Attorney General as the state's chief law officer, responsible for ensuring that the laws of the state are uniformly and adequately enforced.

How many states elect their attorney generals?

As Tollen noted, “Forty-eight of our state governors cannot fire their AG at will, so they can’t avoid justice through control of state prosecutors.” Forty-three states elect their attorney generals.

When was the Office of the Attorney General established?

The Office of the Attorney General was established in 1789 as part of The Judiciary Act of 1789 . The Act, among other things, established the makeup of the Supreme Court and its exclusive jurisdiction and also the lower court structure. One of the powers the Act gave to the Supreme Court, writs of mandamus, was the subject of the famous Supreme Court case, Marbury v. Madison. The Judiciary Act of 1789 also established the Office of the Attorney General.

What does the Justice Manual say about the rule of law?

. states that ‘the rule of law depends on the evenhanded administration of justice’; that the legal decisions ‘must be impartial and insulated from political influence’; and that the prosecutorial powers . . . must be ‘exercised free from partisan consideration.’

Is the Attorney General a quasi-judicial post?

As noted above, the “ history of the office suggests that the framers considered it a quasi-judicial post, independent from the president. Congress originally established the office with the Judiciary Act of 1789 . . . not the acts establishing executive departments.” The presidential appointment and Senate confirmation that appeared in the final bill were made “undoubtedly so that the AG would be appointed in the same way as federal judges — not as a statement of the office’s constitutional status.” But the Attorney General position was not explicitly part of the executive branch until 1870, as Cornell Clayton wrote, “In 1870, Congress codified this approach in the Department of Justice Act, making the AG the head of an executive department.”

Who has the constitutional latitude to shape how the Justice Department operates?

As Clayton concludes, “history reveals that Congress has the constitutional latitude to shape how the Justice Department operates.” A future Congress must tackle this task as soon as possible, to ensure that the DOJ and the Office of the Attorney General do not completely trample the independence required to uphold the rule of law.

Does Donald Trump care about law?

. . . Donald Trump is not skillful at persuading, bargaining with, or leading his administration. . . . He acts like he doesn’t care about law and has no respect for DOJ, FBI, and their pursuits. When Trump acts this way, he makes it harder for the DOJ and FBI to engage in appropriate accommodations to him at the margins.

Is law enforcement a constitutional republic?

. . . Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

How to terminate an attorney?

Notify your attorney in writing that you have decided to terminate his or her services. Be sure to mention how you would like a copy of the contents of your case file (mailed to you, to your new attorney, or provided to you in person, for example).

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What happens if you believe your attorney violated your ethics?

If you believe that professional conduct was violated, you can report your attorney for ethics violation.

Why do lawyers arrive late to meetings?

Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

During a Trial

If your case has already been filed, you can still replace your attorney. However, you will likely have to petition the court to allow you to change your attorney. You will also have to show good reason for the court to allow you to switch attorneys so close to trial.

No Communications

It is your attorney's responsibility to keep you informed of events in your case. However, it is important that you have realistic expectations involving lawyer-client communications. Your case is likely not the only one your attorney is representing; thus, do not expect the attorney to drop everything to speak with you for an hour.

Inaccurate Billing

This is one of the reasons that you should get a written estimate from an attorney prior to allowing them to represent you. In the estimate, you should have information about hourly fees charged, extra charges, billing cycles, type of fee structure, etc. If you feel that your attorney is charging you inaccurately, refer to this estimate.

Unethical Actions

If you believe that your attorney has acted unethically, you can replace your lawyer, as well as file suit with your state's disciplinary agency. Unethical actions on the part of an attorney can result in suspension or even disbarment from practicing law in the state or in the US.

What If Your Case Failed

If your case failed and you believe that it was due to negligence on the part of your attorney, you may be able to file a malpractice lawsuit against him or her. As a note, never trust a lawyer that tells you that your case is a sure thing, a definite winner or cannot be lost.

U.S. Attorney General

At the state level, most attorney generals are chosen by popular vote. The US attorney general gives guidance to the lead representative and the state legislature. They aren’t straightforwardly liable for criminal indictments, in spite of the fact that they may offer help with exceptionally prominent cases.

What is the difference between a US Attorney and Attorney General?

An attorney general is the legal counselor liable for most cases by or against a state or the US Government. At the federal level, prosecutors are known as U.S. attorneys. There is a U.S. attorney for each federal court district in the United States.

Attorney General Duties

The mission of the Office of the Attorney General is to administer and coordinate the organization and activity of the Department of Justice, including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Office of Justice Programs, and the U.S.

Attorney General Salary US

The salary rate for an attorney general is the highest in New York and the lowest in North Carolina. Here is another state-by-state breakdown of the salary for an attorney general in the United States.

Conclusion

A US attorney is also known as the prosecuting attorney that brings cases forward against the US federal government, and the attorney general represents the country in legitimate issues and concerns.

Which amendment guarantees the right to legal counsel?

The Sixth Amendment guarantees the right to the assistance of legal counsel in criminal cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer at public expense in all cases that have the possibility of incarceration, including misdemeanors. Court-appointed lawyers generally come from either a public defender’s office or from a panel of local private attorneys approved by the court.

When does a lawyer have to be fired?

Firing your lawyer succeeds only when the relationship has seriously broken down. Learn what questions to ask and steps to take before doing anything drastic.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

When claiming a lack of investigation, what should you focus on?

When claiming a lack of investigation, focus on the evidence that you want your lawyer to track down and how it might be helpful to your defense. To the extent possible, avoid giving your own version of events and your interpretation of the alleged criminal conduct.

Do indigent defendants get their lawyers for free?

Court-appointed private attorneys who are under contract to provide services are also likely to have extensive experience. Defendants who have the financial means hire these lawyers do so at their own expense; indigent defendants get their services for free.

How to change your lawyer?

Here is what you need to know if you want to change your lawyer: 1 If you are not happy with your lawyer for whatever reason, you can terminate his or her services without notice. 2 You do not have to pay your new lawyer another fee. All lawyers who work on your case, if they are entitled to a fee, will share one fee between them. For example, if your case settled for $9,000.00 and there were no expenses and there is a one-third fee all attorneys will come to an understanding (or a court will decide) how much each lawyer will get. 3 You do not have to fire your lawyer. You never have to talk to him or her again. Your new lawyer will send your old lawyer a letter and they will (hopefully) work it out. 4 There should not be any delay with your case when you change lawyers. If both lawyers are civil and handle this properly, your old lawyer should sent the file to the new lawyer.

What to do if you don't like your lawyer?

If you don’t like your lawyer because he does not return your calls or he talks down to you, or you just don’t think he is doing a good job, then it’s over. At the end of the day, you need to find the best lawyer that will work to protect your rights and get you the compensation you deserve.

What happens if you are not happy with your lawyer?

If you are not happy with your lawyer for whatever reason, you can terminate his or her services without notice.