What can I do if I hired an attorney to represent me in court and he failed to appear, now I may be arrested?
I hired an attorney in Charlotte, NC to defend me in a court case. I paid him $1000.00, he showed up for the first hearing to get in posponed to another date, then over the weekend, I get a letter from the sherrifs office stating that a warrant has been issued for my arrest as I failed to appear in court at the latter date. Now, he was paid to represent me at all hearings and failed to do so. My question is..What can I do to prevent this type of crap happeneing to other people and is there a way to discipline the attorney and try to get some of my money back as he failed to hold up his end of the deal? Also, he nor anyone from his office is returning my calls, so do I need to file with the BBB?
- Phil RLv 51 decade agoFavorite Answer
You didn't indicate what the charge was, or any details.
One of the things you should have asked the attorney in North Carolina was if your presence was personally required. Some courts require the defendant to be personally present at every hearing, even if it is only to continue the matter. Some do not, and it may be required by the statute.
You need to contact that attorney. I would give him until tomorrow to return your telephone calls, and then you need to obtain other counsel to represent you. Following that, you need to write to the attorney, (certified mail, return receipt), and fire him. Also ask for an accounting and a refund of unused retainer. Look it over carefully. If he does not respond, then you need to contact the North Carolina Bar Association. They can guide you in any grievance/disciplinary action against the attorney.
In the meantime, if he won't return the telephone calls, retain other counsel immediately. For a referral for that, contact the local or state bar association in North Carolina.Source(s): 10+ years in the legal profession.
- 1 decade ago
The BBB is just a for informations sake company and has no real power. If you truly believe you were wronged and he failed to live up to agreements then file a complaint with the State's Bar Association.
- 1 decade ago
Did he show up to asl for a latter date? Did you show up? It is your responsibility to be there too. If you did not show up the motion to move the court date would not even come up.
Sounds like it was more of a misunderstanding, however, his office should return your calls. Turn yourself in to the police department and address the situation with the court.