A friend of mine was arrested 2 years ago. His father retained attorney. Friend receives ssd benefits due to concussion syndrome. I am the representative payee for his benefits. Indictment was returned in june. And arraignment date was set. Court noticed the attorney and friend was never noticed to appear by the attorney. I have retained another attorney for him. Court issued failure to appear and he was arrested with no bond. New attorney will get this set aside. But he is in jail presently. Any opinions appreciated. Don't want to take this up with new attorney if not warranted.

You kind of do need to take this up with the new attorney as bar complaints are handled by the state bar association. There is such a thing as a Model Code of Professional Responsibility, but not all states use it and AL may have their own version.

This sounds like a "diligence" issue but whether AL has their own definition of diligence and what that definition is will determine whether a bar complaint is appropriate.

If that attorney was still representing him at the time the notice was sent, and if that attorney truly never tried to contact his client (your friend) then yes a complaint would be warranted.

Lot of ifs there, and I would make sure you truly know the full story before doing anything (i.e. not just taking your friend's word for how things went down).

For reference if you decide to:

https://www.alabar.org/assets/...rm_brochure-2012.pdf

The original attorney entered his notice of withdrawal today. So yes he was representing my friend at the time of the hearing.

Long time between arrest and indictment!

The state of alabama is way behind on drug testing.