Full Answer
Sometimes it’s better to have an advocate. There are times when you absolutely, positively need a lawyer. If any of these happen to you, you should contact a lawyer immediately: You’re being asked to sign an agreement that you don’t fully understand, especially if it’s a non-compete, confidentiality, arbitration, or employment agreement;
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Expect that it will take a bit of time for your new lawyer to get up to speed on the case and that you will be billed for this time, if the new lawyer charges by the hour. Clients who change lawyers more than once often find they have increasing difficulty finding new lawyers to take the case.
It might be time to have a serious conversation with your attorney; or consider switching attorneys entirely. Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire.
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
Most of the time, being slow is just temporary since cases invariably become more active, associates get assigned additional files, and attorneys have enough work to meet their employment expectations. Lawyers can use the times they are slower for a number of purposes.
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary. This will jolt him into action. He will respond either by saying the two of you aren't a good fit, or he will start being much more communicative.
You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.
The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•
Interview Questions for Barristers:What methods do you use to conduct legal research? ... What information is required when presenting legal opinions? ... What techniques do you use to provide advocacy for a client in court? ... Can you tell me about a time when a case did not go the way you expected, and why?More items...
Sometimes there isn't much going on, and so there isn't a lot to talk about. But that doesn't mean your lawyer should ignore you for weeks on end. You cannot talk to the judge on your own or file a motion when you have a lawyer. It is up to the lawyer to decide what motions are appropriate and when to speak to the judge. It...
Sometimes there isn't much going on, and so there isn't a lot to talk about. But that doesn't mean your lawyer should ignore you for weeks on end. You cannot talk to the judge on your own or file a motion when you have a lawyer.
The frequency with which you hear from your attorney will depend, to a great extent, on the type of legal matter being handled. A personal injury case, for example, will typically require a good deal of communication in the early days and weeks of the case and then tends to lay dormant while you are following through with recommended treatment. Once you have reached a point of “maximum medical improvement”, meaning you will likely not get any better from that point on, your attorney will begin to try and negotiate a settlement. Communication with your attorney will then pick up again.
In a typical law office, there are attorneys and a variety of support staff. The support staff may consist of secretaries, paralegals, and/or assistants. While you should always meet first with your attorney, and continue to have access to your attorney when necessary, it is common to communicate with an assistant, secretary, or paralegal for mundane, everyday matters. Your attorney may spend a considerable amount of time in court and/or in consultations, so you may not directly hear from your attorney, as it is often easier and more efficient to communicate with one of the support staff when you have questions or need to relay information. Of course, your attorney will be kept apprised of all communications you have with the support staff and will communicate with you directly when needed.
A civil lawsuit based on something like a breach of contract can take a considerable amount of time to resolve. In this case, months could pass without anything significant happening that necessitates communication from your attorney. This does not mean the attorney is not working behind the scenes — it simply means there is nothing that needs to be discussed yet.
Once you have reached a point of “maximum medical improvement”, meaning you will likely not get any better from that point on, your attorney will begin to try and negotiate a settlement. Communication with your attorney will then pick up again.
If you’re thinking about filing suit, you probably want to speak to a lawyer. Confusing claims: There are some employment laws on the books that you might not be aware of, so you might have a case you don’t know about. And there are some laws you think exist, that don’t.
It could be a spouse or partner, a good friend, shop steward, or even a counselor in an employee assistance program (EAP).
Considering the answers to the above questions honestly can help an employee to gather relevant information and weigh it with a level of objectivity. The process will help the employee have confidence that their choice — either way — is the right one for them.”
When a work situation has reached a level where initiating an agency complaint or process is being considered, an employee should approach the decision as objectively as possible, despite the fact that at such a point the situation likely is very emotionally charged.
How to Know When it's Time to Change Lawyers. It usually begins with a lack of communication. Your calls go unanswered and you hear nothing about your case for weeks or months. Maybe you get the sense that the lawyer's files are in disarray, or that he or she doesn’t remember the details of your matter from one meeting to the next.
Seek referrals for your next lawyer. Call your local bar association and ask for someone with the expertise your case requires.
First, you rationalize: “She’s really busy and I know I'm not her only client. She seemed so nice and knowledgeable at our first meeting. I’m sure she’s on top of things. The legal system is just really, really slow.”
If you still think the relationship is unsalvageable, it might be time to terminate the engagement and switch to a new attorney. However, there are a few issues to keep in mind:
You are asked to provide documents you have already provided or to fill out forms you’ve already filled out. Mistakes do happen, but a good lawyer should keep organized files and be able to find all of the paperwork related to your case in one place.
However, there are a few issues to keep in mind: Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire. If your case has already begun, the judge may not let your old lawyer leave the case until a new lawyer replaces him or her. Seek referrals for your next lawyer.