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  1. #1

    Default Defense Lawyer Filed a Motion Against Defendant's Wishes

    A contract clause gives the client the final say on all actions that affect the rights of the client with the case.

    The Defense attorney submitted a motion to continue a trial against the verbal and written directive of the accused / client not to continue the case.

    The motion tolls time and affects the clients right to speedy trial.

    Short from filling a complaint and firing the attorney, then rolling the dice on a new attorney, what can be done about it?

    There are ethical questions, but the more important question involves understanding what a client can do to encourage an attorney to properly represent their case in an effective way.

    The is a heavy question, so please only advise if you know rules, ORC code, or ethics guidelines that need considered.

    Thanks for the consideration.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Ohio Law Motion Against Client Directive Not to

    This answers your 'speedy trial' question - if the defense requests the adjournment, the delay that results is not relevant to 'speedy trial' determinations.

    If you don't want to fire your lawyer, don't want to file a complaint... well, you can sit down with him and talk about it.

  3. #3

    Default Re: Ohio Law Motion Against Client Directive Not to

    There are multiple reasons to fire him, but the disreegard for my directive may have pushed it over the top.

    If I fire the attorney, can I reserve the right to speedy trial and gain those days? IF so, then the hassle and cost may be worth it.

    Please advise...

  4. #4

    Default Re: Defense Lawyer Filed a Motion Against Defendant's Wishes

    I just fired my attorney Tuesday for the same reason. He did not have my permission to file the motion; in fact, I gave him ample notice NOT to file the motion in question. He continued with his plan anyhow, and called me the evening before the court hearing about the motion to remind me to appear. Then, he had the gumption to lie and say this court appearance had been scheduled the day we requested our trial time. The judge told him to file any motions by April 2, 10 days into the future, but he decided what motions he wanted to file without even consulting me-probably on the basis of whatever would save him the most work, not my situation or best interests.

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