What do I do if I feel my appointed attorney is not looking for my best interest or fighting on my behalf?

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What do I do if I feel my appointed attorney is not looking for my best interest or fighting on my behalf?

He wants me to sign and settle. I’m not comfortable with this.

Asked on June 29, 2015 under Criminal Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't give much by way of the facts. However, if you have a court appointed attorney with whom you are dissatisfied, you can file ask for a substituion of counsel. That having been said, the court will only allow this if you show that your case has been put in some kind if jepoardy by your attorney's action or by their failure to act. Merely, not liking them is not enough.

To seek a hearing for substitution of counsel, you should write a letter to the presiding in your case and make a formal request to meet with them regarding your appointed attorney. A copy of your letter should be sent to both the lawyer that you want removed and the prosecutor in your case. Make sure both copies and the original (which goes to the judge) are sent certified mail, return receipt requested (and keep a copy for yourself). Make sure your letter states that you want your present lawyer removed and why (list all problems that you are having with them). Keep the letter short and to the point and be sure that it is truthful; you do not want to jeopardize your position before the judge by making false claims.


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