A lawyer not doing his job is a serious issue, and you can opt to complain about your lawyer to The State Bar of California or the state where you have hired the attorney. When you file a complaint against your lawyer with the State Bar, the lawyer is investigated by the Office of Chief Trial Counsel.
Full Answer
As a legal client, you have rights and your attorney owes you a duty of care. If you believe that your attorney is not doing his or her job or if you have issues with your lawyer, you need to speak to our law firm immediately.
I can't really respond to the comment about their not doing their job, because you would need to be more specific on what they aren't dong, that they should be doing. Enough is enough. Hire a divorce lawyer that cares about you and will promptly respond to your calls, e mails and inquiries on a reasonable prompt basis.
While there is no set rule or formula for what that means, being ignored for days or weeks on end, or not having your phone calls or e mails responded to at all, tells me that your lawyer doesn't really care about you very much and isn't very concerned about your case.
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem. If you've got serious doubts about how your case is being handled, see a second attorney.
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.
A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.
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 problem with the lawyer is a fee dispute, you may call the Fee Arbitration Division of the State Bar at (404) 527-8750. If you wish to file a grievance, please complete the form, sign and date it, make a copy for yourself and return the original with your original signature to this office.
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.
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.
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.
Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.
There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.
Professional Negligence. Civil Fraud and Investigations. Financial Services Disputes. Wills, Trusts and Inheritance Disputes.
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.
Generally, you can sue a person for violating your legal rights if you suffered a loss. This includes: if someone breaks an agreement; if someone damages your personal property; if someone owes you money or; if someone causes you to suffer a physical injury.
Tips for Success in the CourtroomMeet Your Deadlines. ... Choose a Judge or Jury Trial. ... Learn the Elements of Your Case. ... Make Sure Your Evidence Is Admissible. ... Prepare a Trial Notebook.Learn the Ropes.Watch Some Trials. ... Be Respectful.More items...
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.
Depending on your specific problem why you believe your attorney is not doing their job, there are numerous steps you can take to remedy the situation. If you are still intent on firing your attorney, then continue reading.
If you suspect your current lawyer was misbehaving, do not pay them until the dispute has been settled. If you have a billing or fee dispute, bring this to your attorney's attention as soon as possible to get further details and an explanation about the problem.
If your arbitration clause is non-binding, either party may proceed and file a lawsuit and reject the arbitration outcome at no financial loss. Arbitration is a useful way to have a neutral third party intervene ...
Arbitration. If you have experienced an issue with a large, unforeseeable bill, arbitration might be an option. Arbitration, like mediation, allows for an outside party to become a neutral decision-maker when conflict arises.
Consider Mediation. If you're struggling to make it work with your lawyer but aren't sure if firing them is the best decision, you might consider working with a mediator. Mediation is simply the process of seeking the help of a neutral third party to come in and help improve the client-attorney relationship.
After all, your case's outcome in large part dependents on surfacing the truth of your legal situation. Lying and dishonesty are inexcusable in any professional, and if you suspect your attorney has supplied false information, lied about something, or otherwise, then confront them immediately.
The Attorney Was Incompetent. If it seems like your attorney isn't doing their job well or suspect negligence may be at play , then you have every right to be concerned. After all, if your future recovery and financial well-being are on the line, the last thing you want is your own attorney to compromise your case's outcome.
It's plain from the facts set forth in your post that the attorney has done some work on the case, so your frustration seems to be based largely on his failure to communicate with you. This is a common pitfall for attorneys -- in fact, it is the leading cause of complaints for professional misconduct.
Stop in, and tell him he is fired. Ask him to write you a check for the remaining Retainer, and get a new attorney with a new retainer. He serves at your pleasure; if he is not pleasing you, find another attorney to take up your cause.
If you cannot get them to work with you then you will have to talk to another attorney. You current attorney should give you your file. Whether you are entitled to any money back will depend on the agreement you have with your attorney and how much work they have actually done... 0 found this answer helpful.
You certainly have a right to fire your lawyer if you are unhappy with his services; however, it's always best to try to work things out first and seek a resolution to the issues. If you terminate representation, you have a right to have your file promptly returned to you and a refund of any unearned portion of fees already paid refunded. If there is a dispute as to the fee, the State Bar has a fee dispute resolution...
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
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.
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.
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:
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.
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.
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.
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case . Your attorney should remember the basics about your divorce.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice. 2. Perpetually Late. It’s a bad sign if your attorney is always running late, especially if it’s to an important meeting or a court hearing.
It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask. 5. Unreturned Phone Calls. It's usually a bad sign if your attorney consistently fails to return your calls within a reasonable time.
There is simply no excuse for an attorney who can’t file documents on time or one who misses important hearings in your case. Missing a court deadline could result in disastrous consequences for your divorce and may even amount to malpractice.