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  1. #1
    Join Date
    Jul 2014
    Posts
    1

    Default Hiring Co-Counsel for a Criminal Case

    My question involves criminal law for the state of: Utah
    We are going to trial next month, my friend has been incarcerated since April awaiting this trial. We have a lawyer, but it seems he does nothing but show up at court dates and pushes the trial dates then gives my friend's wife a list of things he needs done. He has not visited my friend since he was moved from the county jail and only sees him for a minute before court to tell him he can't talk to him because other people may overhear their conversation. His wife has gathered all of the information, documents, etc. that the lawyer is using. Both my friend (the defendant) and his wife have informed the lawyer about evidence that could clear him and make this case not have to go through a trial, the lawyer has not requested or gathered any of it, telling my friend's wife that he has other papers he has to file and asks her to see what she can do about gathering these things. The information being requested cannot be gathered by her, she has been trying since April. What options do they have as far as getting the information/documents? We have researched and see that there is a "motion to produce exculpatory and mitigating evidence", but it looks to me like that is used when the prosecution has not provided evidence, is that correct? Also, they are wanting to add another lawyer as co-counsel, do they have to do anything other than hire the other lawyer or do the lawyers handle that paperwork? Sorry, a lot of questions, we have put countless hours into this and feel as though we are the only ones working on this. If there is something else we can do to get these things accomplished we need to know what to do so that we can get everything done in a timely manner. Thanks for any advice!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hiring Co-Counsel for a Criminal Case

    If your friend and his wife have evidence that could clear him, why is it that they are unwilling to get that evidence and give it to his lawyer? If it "cannot be gathered by her", for whatever mystery reason may be involved, why do they believe the lawyer can get it?

    You cannot successfully accuse the prosecutor of withholding mitigating or exculpatory evidence unless the prosecutor has that evidence and is withholding it.

    You cannot force a lawyer to work with a second lawyer. If your friend and his wife want to hire a new lawyer, but aren't willing to discuss that plan with their current lawyer, they are probably best served by simply switching to the new lawyer.

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