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Old 10-20-2017, 10:47 AM
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Originally Posted by berg ice View Post
first, any thing you say to your PD cannot be proven. type or write him with your complaints and requests. write up a certificate of service describing what you sent him then get it notarized. if he does not respond accordingly resend again. this will line him up for ineffective assistance of counsel. let him know this.Its only fair to worn him first before he go's down that path. let me know what happened. i'm here.
Actually, it can. Calls get logged. They get logged to the individual file. With conflict attorneys, those calls are money. With public defenders, those calls justify the budget, adjust the number of attorneys assigned to that type of case, point out problems in the department. They get logged by the standard 6 minute increment.

IAC works as an appellate issue. At the trial level, judges like to be a lot more specific before replacing an attorney. The failure to communicate with a particular client may be just that you have na anxious client who needs more handholding than is possible under the circumstances. As an attorney, if I say we'll take a look at where we are with discovery at your next status hearing (usually 30 days from the last one) and that client calls every day, the judge is not going to bust my chops for failure to communicate. I won't be fired by the court for this. I won't be fired for the 5 minute conversations I have with clients outside the courtroom when that's the only communication I have with a client in 30 days. I won't be fired by the courts if I fail to sit down and explain every nuance of a motion to a client.

Crap, I'm not going to explain communication and where a failure to communicate rises to the level of a broken relationship between attorney and client.

Most states base their rules or have wholeheartedly adopted the model rules of professional conduct. Want to know how an attorney is supposed to act? Consult the model rules.

pay particular attention to the criminal case rules.

In the interim, learn a little more about law before advising somebody about how to "worn" an attorney. If you want to fire an attorney for incompetence, then perhaps we can talk about what should and should not be done.
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