How can I request a lawyer appointed by a court in a criminal case?
If you are disabled – financially unable to hire a lawyer, as defined in Section 1.051 (b) of the Texas Criminal Procedure Code and charged with a higher criminal offense than a Category C misdemeanor, you are entitled to representation by a court-appointed lawyer. If you do not have a lawyer appointed by the court in your first appearance before the court, tell the court that you are poor (that is, unable to afford a lawyer) and would like the court to appoint a lawyer for you. Under these circumstances, you can reschedule the next session, if requested, to give you time to meet with your court-appointed lawyer on your case. Be aware that the precise procedures for the application of lawyers appointed by the Court vary from district to district.
What do I do if I feel that the court-appointed lawyer is not doing a good job?
Unfortunately, if you are a disabled person and you have asked to appoint a lawyer appointed by the court, you will not have the legal right to hire a lawyer appointed by the court of your choice. So if you do not like the lawyer appointed by the court or disagree with the way they are represented, you have no right to replace another court-appointed lawyer.
You can ask the court to provide you with a different lawyer, but the court is not obliged to do so, and your application may be denied. In this case, you may be able to obtain free legal representation from other legal agencies, such as local legal aid offices, civil rights groups, and clinical programs of the Faculty of Law.
The purpose of a lawyer’s privilege – the client is to encourage free discussion between the lawyer and the client.
If lawyers and clients can not speak to one another, the lawyer will not be fully informed and the client will not be able to take full advantage of the legal system. The franchise also helps customers feel comfortable when seeking early legal assistance.
Privileges not only protect the information exchanged between counsel and the client, but also persons authorized to act on their behalf (called “agents”). For example, still communicate with confidential information to a legal assistant to a lucky lawyer. Also, there is not always a formal relationship between a lawyer and a client. The protection extends to potential clients who consult with an attorney to hire this lawyer for legal work, even if the lawyer is not eventually appointed.
In order to be granted a concession, the connection must be made for the purpose of assisting the lawyer in providing legal services to the client. You may not be able to communicate with a lawyer for any other purpose such as requesting public relations advice, for example.
Finally, the connection must be confidential, in the sense that it is not intended to disclose other than the lawyer and the client. If a person other than the lawyer and the client is present when making the call even to family members, friends or others, the customer risks relinquishing the franchise.
The privilege belongs to the client. Unless an exception is applied, the customer may refuse to disclose the information in a lawsuit and may prevent the lawyer from doing so. Exceptions include correspondence concerning the death of the client or disputes between counsel and the client, among others. Customers should be very reluctant to disclose privileged information and should always consult a lawyer before doing so.