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What happens to your case if your attorney dies before the trial date.?
Wiki User
∙ 13y ago
Actually, states vary with how this is legislated and some are not mandated to follow any protocol at all. In Florida beginning 01.01.2006 all attorneys are mandated to appoint an "Inventory" attorney if there are not partners to take over their caseload. If your case has been "closed" and you haven't seen your attorney for a while, (FL doesn't really specify a time-frame in it's statutes) then your file(s) can be destroyed. If your case is "open" then it is incumbent upon the Inventory attorney to find another lawyer to take your case or you may choose.
Funny thing, they are not mandated to write down the files they destroy. Mine were destroyed prior to me finding out that my attorney had died 2 years earlier. The Inventory attorney said he didn't recognize my name...big surprise.
I needed information from my file but had no recourse. This law should be changed to make attorney's be more responsible and at least make a LIST of what files the attorney had (by name) when they died and when/where and whom destroyed them. Good question to ask before you hire an attorney...what happens to my file(s) if and when you die?
Check with your state's bar association and they will be able to inform you if there are any laws regarding this in your state. Alot of the documents attorney's prepare are filed with your clerk at the court house or they are filed wherever the motion was heard or happened. Hope this helps.
Wiki User
∙ 13y ago
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Can a defense attorney take evidence to a circuit court judge in Arkansas to review after arrainment hearing and after all evidence has been released before a trial?
I cannot believe the questioner has all their facts straight! If the arraignment has taken place and the case has been scheduled for trial, the evidence CANNOT have been "released" or it becomes 'contaminated' and unuseable at trial. The chain of custody of the evidence MUST be maintained at all times! In any case neither the defense attorney, nor anyone else, may confer with the trial judge over items of evidence that will appear at trial.
