Road Law – October 2024

We get a lot of calls from drivers who tell us that they sent their ticket information to an attorney and then assumed that the attorney was helping them with their ticket. They then tell us that they received a “Failure to Appear” notice in the mail and they don’t understand why “their attorney” didn’t help them.

The usual answer is that just because you sent your ticket to an attorney to review, that attorney never formally agreed to help you. In this issue of Road Law, we explain this problem and what you can do to make sure that you really DO have an attorney who’s helping you.

Question: I recently received a traffic ticket in Illinois and sent a copy of my ticket to a lawyer I found online. I didn’t hear from the lawyer, so I called her the day before the due date listed on my ticket. The attorney said that she received my ticket but that I never retained her to help and that she couldn’t help me now, because I didn’t hire her in time. Now, I am going to miss my court date and don’t know what to do.

Answer: Never assume that just because you send your ticket or case information to a lawyer that he or she is automatically helping you. Usually, you must have a formal arrangement with an attorney. You may be asked to submit a legal fee in advance AND sign an attorney-client agreement or contract. Usually, without submitting a legal fee retainer and signing an agreement for representation, the attorney has no legal obligation to help you.

Question: I was in an accident in Georgia, and the officer who arrived at the scene gave me a ticket for “Improper Lane Use.” I called an attorney I was referred to and sent the attorney a copy of my ticket, my driver record, my written statement of what happened, a copy of the accident report and a flash drive with video from my dash cam that proved I wasn’t guilty. I had three separate telephone calls with the attorney and discussed all the case information that I sent him. My court date was last month, and I hadn’t heard from the attorney. When I called the court to check on my case, I was told that no one appeared in court for me; that I had a “Failure to Appear” ticket, a warrant, and a “Notice of Driver License Suspension.” Why didn’t my lawyer appear for me, and can I file a bar complaint?

Answer: First things first. Call the court clerk and explain what happened, as there may be a way that you can post a bond with the court to have your case reset with a new court date. The attorney may not have appeared for you because he or she never received nor asked for payment to create an attorney-client relationship with you. So, once you get your case reset, your options would be to contact the same attorney and ask for an attorney-client agreement form/contract for you to review/sign, to contact another attorney and start the attorney-client process again or to appear in court on your own behalf without an attorney.

Not all attorneys use a written contract, but it is advisable to have one. At a minimum, you want to know that you are being represented and to what extent and purpose. Further, you want to know what the fee is for the representation. This is one of the most important factors, especially in cases where you are being billed on an hourly basis and not on a flat-fee arrangement. LL

We invite you to send us any questions or comments you may have regarding transportation law to: Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; contact us through our website at RoadLaw.net or call us at 405-242-2030.  We look forward to hearing from you.

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