my lawyer keeps asking who represented me in the past

What if my attorney is not doing his or her job?

Dec 21, 2010 · 1 attorney answer. Posted on Dec 22, 2010. The answer is no if the lawyer who previously represented you received confidential information about you from you that the lawyer now is using against you. If the matters are totally unrelated, and there would be no appearance of impropriety for the lawyer to represent your adversary, then maybe. However, it would probably …

Why did my attorney tell me not to show up to court?

Jun 01, 2012 · (If “the attorney had a direct [i.e. personal] professional relationship with the former client… the former client need not prove that the attorney possesses actual confidential information.”); see also Id. at 846 (“[A]n attorney may not switch sides during pending litigation representing first one side and then the other.”).

Is it legal for a lawyer to represent an adversary?

Dec 11, 2011 · Answered on Dec 13th, 2011 at 8:23 PM. If your attorney is retained by you, you have the right to fire him or her and get a new attorney. If the attorney is appointed by the court, you have the right to tell the court you are dissatisfied and to see if the court will appoint new counsel. You do not have the right to choose your attorney if that ...

Why do I need an attorney to respond to inquiries?

First, talk with your lawyer. 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.

What should you not say to a lawyer?

What is the most common complaint against lawyers?

Can lawyers talk about past cases?

How can you tell when a lawyer is lying?

Can I sue a lawyer for lying?

How do you deal with rude lawyers?

Is it normal to not hear from your lawyer?

Why is my attorney not fighting for me?

Can your lawyer snitch on you?

Do lawyers lie to their clients?

How do you spot a liar in court?

How do you know if your lawyer is selling you out?

Frank Wei-Hong Chen

No, probably not. Most likely there is a conflict of interest, but without knowing the nature of the new civil lawsuit, no one can really conclude one way or the other.#N#An attorney may be disqualified if the former client can show that they had a “direct professional relationship…in which the attorney personally provided legal advice...

Jemal K Yarbrough

This is a very complicated issue and you should consult an attorney.#N#While all of the advice given previously is excellent, what concerns me is the relationship between you and the "attorney sub". What was the nature of the relationship? Was he or she making a special appearance on behalf of the other...

Nicholas Basil Spirtos

The fact that he represented you before could create a conflict, but not always one sufficient enough to disqualify him from representing the other party.#N#The original case was criminal, and this one appears to be civil. There may be enough difference in the two that it would be okay.

Michael John Eyre

California’s Rules of Professional Conduct, Rule 3-310 (E) provides that an attorney “shall not, without the informed written consent of the client or former client, accept employment adverse to the client or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.” A former client, therefore, may seek to....

Can you appeal a sentence?

You can appeal any plea or sentence, generally, and/or request a new lawyer. If you were sentenced, you should have been given an appellate rights form. If the court agrees to a substitution, they may allow you to get a new attorney. If the case is over, you can always get a new attorney.

What to do if your attorney is not representing you?

If you sincerely feel your attorney is not adequately representing you, then file a motion with the criminal court - before the judge who is hearing your case, and request a new attorney. It is up to the judge. Report Abuse.

Can I seek new counsel if I am privately retained?

The answer to your question is that it depends. If your attorney is privately retained, then you have the right to seek new counsel (assuming that works out for you financially etc.). If your attorney is a public defender, then you would need to notify your attorney that you want him/her to notify the court that you want new counsel; or you can make the request directly to the court. Keep in mind though when it comes to court appointed lawyers/public defenders, clients do not get to choose who their attorney is. As a result, the court would need to conclude that you and your attorney have a conflict of some sort that warrants new counsel being appointed; the court's decision will be influenced as well by what point your case is at. For example, if you are about to start trial, the court would be less likely to give you new counsel (even with private counsel). My suggestion is that you leave a polite message for your attorney that you want to talk to him/her and that if you do not hear back, you intend to seek new counsel or that you will contact his/her supervisor, if your represented by the public defender. The other option, more drastic and one that I would not recommend unless the attorney is completely ignoring you and completely not doing his/her job as opposed to there merely being a difference of opinion, is that you can contact the State Bar. Good luck.

What to do if your attorney does not return your call?

If he does not return your call, you will need to bring your case to the attention of the Court or consider seeking a different attorney.

What to do if your attorney is not handling your case?

If you feel that your attorney has/is not handling your case property your options depend on where your case is in the legal system. If it is in the stage before you go to trial then you can fire your attorney and if hire a new one. If you have an appointed attorney you can hire an attorney to replace your court appointed attorney. If you cannot afford an attorney you can bring a motion before the court to dismiss your court appointed attorney and appoint a new one. If your case has gone beyond the early stages and you are sentenced you can have an appellate attorney file an appeal on your case siting attorney incompetence.

What to do if you can't afford an attorney?

If you cannot afford an attorney you can bring a motion before the court to dismiss your court appointed attorney and appoint a new one. If your case has gone beyond the early stages and you are sentenced you can have an appellate attorney file an appeal on your case siting attorney incompetence. Report Abuse.

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 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.

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 is the role of a lawyer in a client?

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.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

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 to keep clients informed of a case?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: 1 Raise the issue early on. Establish, in advance, a clear understanding about case updates. If an attorney's practice is to initiate contact only when a development occurs, the attorney should communicate that to the client at the outset of the representation. If a client wants (and can pay for) regular updates regardless of whether developments have taken place, that too can be spelled out in advance—even included in a written retainer agreement. 2 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. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

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 you are not satisfied with your lawyer?

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.

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 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.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

Who reviews ethics complaints?

In most cases, a board of lawyers and non-lawyers will review the complaint. If there’s a potential ethical violation, the board will give the lawyer a copy of the complaint and an opportunity to respond.

Do lawyers make mistakes?

Lawyers are human, and like everyone else, they sometimes make mistakes when representing clients. In some cases, the mistakes are small and easily fixable—for example, not filing enough copies of a document with the court or needing to reschedule a meeting. Other times, the mistakes are serious—such as missing the deadline to file a lawsuit, ...

What is the responsibility of a lawyer?

Lawyers are given a lot of responsibility and often deal with serious matters, from criminal charges to child custody to tax and other financial matters. When you hire a lawyer, you are trusting him or her to represent your interests in the best manner possible.

What are the rules of professional conduct?

The American Bar Association publishes the Model Rules of Professional Conduct, which lists standard ethical violations and best practices for lawyers. Some states have adopted the model rules as their own ethical rules, while others use it as a guide and modify or add rules.

What is the duty of a lawyer?

Lawyers have a duty to keep their clients reasonably informed about the status of their cases, to respond promptly to requests for information, and to consult with their clients about important decisions in their cases (for example, whether to accept a settlement offer). Not returning the client's documents.

What happens if a client fires a lawyer?

When a client fires a lawyer and asks for the file, the lawyer must promptly return it. In some states, such as California, the lawyer must return the file even if attorneys’ fees haven’t been paid in full. Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on.

What is incompetence in a lawyer?

Lawyer incompetence. Lawyers must have the knowledge and experience to competently handle any case that they take on. They must also be sufficiently prepared to handle matters that come up in your case, from settlement negotiations to trial. Conflicts of interest.