What if I Don’t Like My Attorney?

If you don’t like your attorney then you always have a right to fire them.

You have a right not only to retain counsel but to choose counsel.

Some of the factors weighed on appeal in deciding if the defendant was denied the right to counsel of his or her choice when forced to trial with unacceptable counsel are outlined in Rosales v. State, 841 S.W.2d 368, 374 (Tex. Crim. App. 1992) (quoting Ex parte Windham, 634 S.W.2d 718, 720 (Tex. Crim. App. 1982))]:

1. The length of the delay requested;
2. Whether other continuances were requested and the court’s rulings on them;
3. The length of time that trial counsel had to prepare;
4. Whether another competent attorney was prepared to try the case;
5. The balance of convenience or inconvenience to the witnesses, opposing counsel, and trial court;
6. Whether the delay was for legitimate or contrived reasons;
7. Whether the case was complex or simple;
8. .Whether the denial of the motion resulted in some identifiable harm to the defendant; and
9. The quality of the legal representation actually provided.

Of course, this is decided on appeal and during the course of the criminal proceeding, it would be up to the judge whether to accept an attorney withdrawal from your case or you firing your court-appointed attorney. Often the court will ask you why and most any reason will suffice absent some attenuate circumstance.

Next article – When Do I Actually Speak With an Attorney?