how to handle a lawyer that is taking you for a ride

Can a lawyer take you for a ride?

A lawyer may take you for a ride or create hurdles by not filing your case on time or refusing to hand over your documents once the case is closed. As most people lack awareness about legal procedures and provisions, it is easy for lawyers to mislead them.

How to avoid being taken for a ride by an advocate?

To avoid being taken for a ride by your advocate, make sure you know your rights and acquire some legal information before hiring one. In 2006, Delhi-based DK Gandhi engaged a lawyer to represent him in a case. The matter was resolved in the very first hearing and the settlement money paid to the lawyer.

What to do if your lawyer does not do what you want?

If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them.

Should I hire a lawyer?

When disputes arise, a person’s first inclination is often to call a lawyer, attorney Randolph Rice tells Reader’s Digest. But there are many situations in which hiring a lawyer is the last thing you should do. Says Rice, ideally, everyone would resolve disputes without lawyering up.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do you handle an interaction with a difficult lawyer?

Here are eight approaches to better handle the difficult lawyer.Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

How do you win an argument against a lawyer?

6:339:28How to Argue Like a Lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipFocus on the points the main points that you can win on the argument. And put the ones that are redMoreFocus on the points the main points that you can win on the argument. And put the ones that are red herrings that are less important over to the side. They don't matter when I go into an argument.

How long should it take for a lawyer to get back to you?

Even if your lawyer is working on another case, they should still get back to you within a day or two at the most. Your lawyer owes you responsive communication, even if you're not their only client. There's no excuse for an attorney who takes weeks to return calls or emails.

Do opposing lawyers talk to each other?

Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.

Is it normal not to hear from your attorney?

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.

How do you argue effectively in court?

25:321:00:50The Art of presenting Arguments in Court | Sumit Chander | LawSikhoYouTubeStart of suggested clipEnd of suggested clipBut if your arguments to them has been able to make them understand what the case is then my friendMoreBut if your arguments to them has been able to make them understand what the case is then my friend you have a good argument never go to the court thinking the judge must have read the file.

How do you talk like a lawyer?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

How do you argue effectively?

Our pro tips on how to argue betterTry to stay calm. Recognise the impact of your own emotions on how you communicate. ... Don't retaliate. ... Listen actively and patiently. ... Speak for yourself. ... Speak clearly. ... Try to see why their solution makes sense to them. ... Apologise when you're in the wrong. ... Acknowledge their feelings.

Why do lawyers ignore you?

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.

How often should you hear from your lawyer?

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.

How do you follow up with a lawyer?

Ask to meet again. Cordially make your request for the followup meeting. Include your phone numbers and email address, even though your attorney already has them from the previous meeting. If there is a best time or manner to contact you, let them know what it is.

How to handle a difficult opposing lawyer?

Be Proactive. One great way to handle difficult opposing lawyers is to be proactive. If you are always reacting to what the opposing lawyer is throwing your way, you’ll regularly be playing catch up. To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game.

Why are lawyers so calm?

Calm lawyers are usually the most efficient because they do not allow their emotions to becloud their sense of reasoning. Nothing upsets an opposing counsel more than a calm and collected lawyer.

How do opposing lawyers distract their opponents?

One way opposing lawyers distract their opponents by filing incessant motions to frustrate a matter. Some lawyers are easily distracted by allowing every issue raised by an opposing lawyer to become a dispute. While it is essential to react to some motions, learn to ignore harmless ones.

What is a difficult opposing counsel?

A difficult opposing counsel is every legal practitioner’s nightmare. Even judges dread the thought of presiding over matters involving a difficult lawyer. Their fears are understandable. Difficult lawyers seem to have a penchant for employing unethical tactics to win a case. According to some lawyers, dealing with a difficult opposing counsel is ...

How to be proactive in a court case?

To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game. By preempting the moves of the lawyer on the other side, you will avoid delays caused by your opponent’s delayed actions.

Why are lawyers so aggressive?

The reason many lawyers are uncivil and aggressive comes from the desire to please their clients. There is certainly a popular misconception by the public that lawyers who are difficult and aggressive are the ones who can bring in results.

What is civility in the legal profession?

Civility lies at the core of the legal profession. The legal profession expects every lawyer to act with the utmost courtesy both in and outside the court. There is always a temptation to throw civility out of the window and display aggressive behavior towards an opposing counsel. Big mistake!

What to do if your lawyer is stealing money?

If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency pronto. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously and acted on promptly.

What to do if your lawyer refuses to pay your bill?

If you're not satisfied with your lawyer's explanation, ask for a reduction of the bill. If the lawyer refuses, consider filing for nonbinding fee arbitration with a state or local bar association. Arbitration is a process where a neutral decisionmaker resolves your fee dispute. "Nonbinding" means you are free to reject the arbitrators decision. ...

What is the biggest hurdle in a malpractice case?

damages - that you suffered financial losses as a result. Causation may be your biggest hurdle. To win a malpractice case, you must prove both the malpractice action against your attorney and the underlying case that the lawyer mishandled.

What does it mean to be liable for malpractice?

Malpractice simply means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances. Put more bluntly - to be liable for malpractice, your lawyer must have made a serious mistake or handled your case improperly or incompetently.

Why is my lawyer not returning my calls?

Try to find out why your lawyer is not returning your phone calls. (He or she may be busy, rude, sick or procrastinating.) As you do this, examine the possibility that your lawyer may be avoiding you for a good reason - you may be too demanding. A good way to deal with this situation is to write or fax the lawyer a straightforward letter explaining your difficulty in communicating and asking for a phone call or meeting to re-establish or restore your relationship. If this doesn't work, consider firing the lawyer and/or filing a formal complaint with your state's attorney regulatory agency.

What is a breach of duty in a lawyer?

duty - that the attorney owed you a duty to act properly. breach - that the attorney breached the duty, was negligent, made a mistake or did not do what he or she agreed to do. damages - that you suffered financial losses as a result. Causation may be your biggest hurdle.

Can opposing attorneys play tennis?

No. There is nothing ethically wrong with opposing attorneys playing tennis, bridge, golf or enjoying other common social interactions. If they talk about your case (on the tennis court or anywhere else), however, and your lawyer lets slip something that you said in confidence, that would be a clear violation of your attorney's duty to you.

What happens if you get a speeding ticket?

If you get a speeding ticket or are involved in an accident, the company you drive for will not provide legal advice or representation. You’re on your own. That’s where LegalShield shines.

Do ride share drivers file taxes?

Ride share and delivery drivers typically work as independent contractors. That means you are responsible for filing taxes on the fees you earn and dealing with the IRS should a legal issue pop up.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the defense of a lawyer who is sued for malpractice?

A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

What to say when a client is angry?

If your client is angry, be sure to apologize – even if you are not at fault. Saying, “I’m sorry that you are feeling so frustrated/ angry/upset,” can make them feel heard while not admitting blame for how they’re feeling.

What to do if you have bad news for your client?

If you have bad news for your client, rushing into it will just be a shock to their system and can cause a panic. Be sure to ease into the situation. Prepare what you will say, how you will deliver it, and what your lead-in will be.