VIC Can you 'fire' your legal representation at any time? They are really 'taking me for a ride' ive had enough.

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adav6638

Well-Known Member
15 December 2023
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I have criminal charges mostly brought on by a random lady/witness who made up lies saying I was speeding and driving dangerously in a cemetery and trying to purposely run her over which was complete lies yet the policeofficer believed her and now charged me with dangerous driving which i pleaded not guilty to and was adjourned, when I went out looking for legal rep as I want to counter-claim on perjury and false accusations but my lawyer is hopeless and only tells me to just accept the guilty plea for a discount! He is clearly scared of the prosecution/police. They're a vic law firm [name deleted] and even on their website clearly say, 'do not plea Guilty just to get it over and done with and we would never make you choose a plea or tell you what to do', yet that is exactly what they did and now so I agreed and signed and still there are more upcoming hearings such as mentions, hearings,etc before an actual sentencing. I can now clearly see the lawyer is wanting to charge me as much as they can to drag out this case as me being at fault, I've already paid 2k and signed a contract that il need to pay an extra 2 or so thousand at each of the next 3 or 4 hearings!! Im unemployed and broke already. He is also making up crap and wasting time saying i now need to get each of my (living!) family members to sign character references etc, why?
I want to fire them and change my plea to Not Guily. What statutes are available to cite or obey? Is it the Legal Profession Act 2004?



Note: I was visiting family there during visiting hours and have every right to be there. She was a random public person running like a psycho all around other people's grave monuments claiming to be jogging (when in fact there is a dedicated walk/bike track close by OUTSIDE the memorial park) and I remember seeing her running so I beeped and wanted to yell out the window but didn't so that must have startled her to make the false report.
ALSO according to the crematoria and memorial Act, written permission is required to engage in any sports inside the park, sports including running(?) Which she didn't have, can I use this as a defence or as duress?
Why hasn't my lawyer attempted to use any defences and he even said there is no CCTV footage available so basically no evidence. I'm a Law student and currently studying criminal law so have yet to thoroughly go over the evidence act 2008, as well as the crimes act, criminal procedure act, etc...

Sorry for all the questions but I'm embarrassingly enjoying this process a little too much since also studying it too.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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I'm a Law student and currently studying criminal law so have yet to thoroughly go over the evidence act 2008, as well as the crimes act, criminal procedure act, etc...
The short answer is yes, they can sack you.
And yes, you can sack them.
In either scenario, you would still have to pay them for the work they did up to that point.