Attorney does not follow client's instructions
Question Details:
MA man has warrant from other state . He wants to be extradited, signs forms to do this. Has lawyer in other state already working on clearing things up. He wants the extradition to move forward ASAP. But in court today his MA lawyer does not submit form he signed to do this and fights extradition against the clients wishes. Client does not want to fight the extradition. Isn't the MA. lawyer supposed to represent her client the way he requested and file the extradition form he signed with the court? What right or legal statute would he need to invoke to make his lawyer file the form?
Criminal Defense Law Answers
Extradition should not be a hassle. It depends on the demanding state to process the extradition once the forms are signed. I agree that this should have been expedited. I think you may need to fire this lawyer and get another one. Submission of the forms is merely an administrative acts of giving these to the Court.
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He'd want to invoke the right to represent himself, or at least to fire the Massachusetts attorney, if she refuses to honor his direct request to allow the extradition.
However, I don't know enough about the case to understand, at all, why the Massachusetts lawyer did this; I would hope she had a very good reason and I'd want to understand what that was, before showing her the door. If she was only doing this because ordinarily everyone fights extradition, she's made a mistake.
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