What to do if your own lawyer refuses to argue to allow you to audio record your court proceedings In many cases, your own lawyer may refuse to argue recording your court matter. If your lawyer refuses and if the lawyer is a lawyer you would prefer to continue working with, then advise the lawyer that you are instructing him/her or her to argue this issue in court. The lawyer MUST follow your instructions, otherwise the lawyer is violating his/her oath as a lawyer and can be disciplined for this if you file a complaint along with the evidence to prove your instructions to the lawyer. If your lawyer refuses to argue this issue, then you can fire your lawyer and sue your lawyer for all costs related to having to go to a new lawyer and to have the new lawyer familiarize themselves with your case. To set your lawyer up for a lawsuit, you would be advised to record your conversation with the lawyer or better still, send your lawyer a fax with your written instructions with a request for the lawyer to respond. Most lawyers know that if they formally reject your formal instructions, then they have violated their Oath as a Lawyer and could be help liable for damages. As referred to earlier in this document, a sample letter has been attached which will show how to instruct your lawyer on the record regarding audio recording. If the opposing lawyer also works for a law firm then a complaint letter can also be sent off to the senior partners of the law firm, advising them of the lawyers failure to uphold the law. In some cases, Crown Attorneys working for the government are part time court officials and at other times work for an established law firm outside of the court system. If all efforts to get your lawyer to cooperate fail, then you should fire your lawyer and file a complaint with the Law Society and with any local Lawyer referral service agency that might cover your geographical area.
Posted on: Wed, 24 Jul 2013 14:16:32 +0000
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