Asked 7/8/2016 – Fort Worth, TX

My husband has a court appointed attorney for his federal drug conspiracy charge, and neither of us feel like he is working for my husband. He will not accept any phone calls from my husband even though they are free, nor return any emails sent to him by my husband, they’ve filed motions and my husband knows nothing about them til after the fact. He attempted to fire his attorney and the judge required them to meet and discuss it. His lawyer told him he would be screwed if he switches attorneys; neither of us understands how he can say that. But now we are scared to hire a private attorney, fearing that it will screw him somehow. So is what the attorney said true? Does he have to just stick with this attorney that isn’t even trying to help him, or else be screwed at his trial in 2months?

Answer

You have the right to be represented by the attorney of your choosing if you are willing to pay for the services. The main issue about “being screwed” on changing attorneys deals with the trial setting in your husband’s case. Judges will generally NOT reschedule trial settings merely due to substitution of counsel, so if you hire a new attorney, he/she must be prepared to go to trial in 2 months. Talk with the attorney you are considering, and see if they feel comfortable about being inserted in the case at this point, then go from there.