But, it's a sign of trouble. 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.
This article lays out some of the most common problems that clients have with legal professionals and suggests some ways of handling legal malpractice claims. Even in today's modern world with cell phones, internet, email, texting, and smartphones, many clients still have communication issues with their attorneys.
For any number of reasons, you may be mad at a lawyer you hired to do legal work for you. Perhaps your lawyer has failed to keep you informed about your case, to meet deadlines or to do what you believe is quality work. Maybe your lawyer has sent you a bill for far more than you believe is reasonable.
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.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face. Your next step would depend on the nature of the problem.
Diligence is the use of care or persistence in performing duties; thorough attention to a matter; heedfulness; assiduity. Diligence is the opposite of negligence. Due diligence is the use of reasonable care ordinarily required by the circumstances.
Diligence – The obligation of the director is to act diligently in her decisions on behalf of the corporation. This translates most simply as an obligation of the director to do her homework before deciding on a course of action for the firm.
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.
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.
It may be divided into three degrees, namely: ordinary diligence, extraordinary diligence, and slight diligence. It is the reverse of negligence. (q.v.) Under that article is shown what degree of negligence, or want of diligence, will make a party to a contract responsible to the other.
General Rule: As a general rule, a person obliged to give something (obligor, debtor) must observe ordinary diligence popularly known as “diligence of a good father of a family”. The loss of things while in the custody of the obligor but without negligence or fault on his part, does not make him liable therefor.
As applied to the preservation of property, the term "slight diligence" means that care which every man of common sense, however inattentive he may be, takes of his own property. The absence of such care is termed gross negligence.
Competent and Diligent Representation A lawyer should feel a moral or professional obligation to pursue a matter on behalf of a client with reasonable diligence and promptness despite opposition, obstruction or personal inconvenience to the lawyer.
The duty of care and diligence holds that a Director of a corporation must exercise their powers and discharge their duties with the degree of care and diligence that a reasonable person would exercise if they were a Director of the corporation.
Duty of care refers to a fiduciary responsibility held by company directors which requires them to live up to a certain standard of care. This duty—which is both ethical and legal—requires them to make decisions in good faith and in a reasonably prudent manner.