When attorney was retained he was to represent the client on (2) cases in (2) different counties. The client has been incarcerated 2 months prior to hiring. Unfortunately a whole year goes by without going to court for sentencing due to attorney resetting court dates. Finally sentencing date comes; attorney withdraws on that particular day. Client is now appointed a court appointed attorney.. Client has now been sentenced a month goes by client has been anticipating other county to bench warrant him to face the court in other county. When we spoke to clerk in other to advise them that attorney had withdrawn, we were told that they had not been advised of such change.as far as they know attorney is still his attorney, and attorney is the only one that can communicate with the prosecutor to issue this bench warrant. So where does the client stand? who’s responsibility is it to have contacted other county.? Is attorney still obligated to represent him? Does this fall under misconduct or malpractice according to the rules of the ABA.

Answer

There are too many variables to describe what exactly should be done, but if the second county has placed a hold on the defendant, the sheriff in the first county will notify the sheriff in the second county to pick up the inmate once the case in the first county is completed (the 1st county will not hold a person indefinitely for another county). Talk with the attorney who resolved the first case to determine the exact sentence and see why the person is still held.