If I’m scheduled to take my case to trial in 3 weeks but my attorney hasn’t even filed for my discovery yet, what can I do?

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If I’m scheduled to take my case to trial in 3 weeks but my attorney hasn’t even filed for my discovery yet, what can I do?

This case has been before the courts for just over a year. I’m pretty certain my attorney hasn’t even filed for my discovery. He’s been using my copy. Is this grounds for dismissal? Can I change counsel at trial?

Asked on June 7, 2015 under Criminal Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An attorney can be fired with or without cause.  If you want to change attorneys, it should be done immediately without waiting until trial.  The judge might or might not allow you to change counsel at trial.  If you do it now, your new attorney can request a continuance to become familiar with the case and postpone your trial until he/she has adequate time to prepare for trial.

If you do change attorneys, you will probably end up paying two attorneys depending on your first attorney's retainer agreement.

Your first attorney is unprepared for trial if he hasn't done any work or discovery in a case that is a year old with a trial in three weeks.


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