If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.
An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.
An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.
A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.
Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.
In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise.
Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
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.
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 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.
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.
Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.
“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.
We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.
While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.
Even the best lawyers are usually truly competent and proficient in only a few areas of the law.
Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.
Most people who seek the services of a lawyer expect to pay. A responsible client will not start litigation he can’t afford if he knows that you will have to stop work if he doesn’t pay the fee as agreed.
The divorce is granted at a Final Hearing. One party will appear and testify. At a final hearing, the divorce documents will be approved by a judge. The judge will sign the final divorce decree.
The Complaint and Summons are served on the other party. A private process server or a sheriff’s deputy will serve the Complaint and Summons on the other party. If your spouse agrees to sign a Waiver of Service of Process, he or she may be served by mail.
In Tennessee, we have two types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce.
It is difficult to estimate the cost of a divorce. For some divorcing couples, the cost is minimal. For others, it is very expensive. Three big factors on the cost of divorce are how your spouse reacts, who your spouse hires, and who your judge is.
In Tennessee, we refer to maintenance as “alimony.” There are several different types of alimony. The factors for determining alimony are:
§ 36-4-121 (c). An equitable division does not always mean an equal division of property. In other words, marital property will not always be divided 50/50. Also, equitable division does not mean each party will receive a share of every piece of marital property.
Yes, you may change your name at the time your divorce decree is entered. In fact, if you think you may want to change your name this is the easiest time to change it.
Under Tennessee law, both parents have a legal obligations to support their children. Both parents are equally and jointly responsible for their minor child’s “care, nurture, welfare, education and support.”
Child support begins with the application of Tennessee Child Support Guidelines. Calculations are made based on Tennessee Child Support Worksheets that parents must complete. This discloses income from all sources. Based on this information, the courts will use both the Guidelines and the Worksheets to establish how much money should be paid to support one or more children in a divorce.
Marital Property in Tennessee. Tennessee is an equitable distribution state and as such, assets identified as marital property must be class ified and valued before they can be divided between divorcing spouses. Courts must divide marital property according to the factors listed in T.C.A. § 36-4-121 (c).
All property and all debt accumulated during the marriage in Tennessee belongs to both spouses.
Tennessee does not have specific grounds for divorce related to domestic violence but there are grounds that are similar. One of the fault-based grounds is that one spouse has subjected the other to such cruel and inhuman treatment that cohabitation is unsafe.
A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.
This letter will prompt the attorney to file a notice of withdrawal with the court. In most states, the notice of withdrawal must include the client’s address. That way, the court, opposing attorneys, etc. will send the client any important paperwork/notices rather than sending them to the attorney.
In most cases, you can get a different public defender by writing a letter to the judge. Accordingly, you can mention to your lawyer that you want to explore getting a different public defender. Hopefully this will motivate your attorney to either (a) be more responsive, or (b) help you request a new lawyer. Reply.
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.
As for the delays, unfortunately many courts have had to delay “nonessential” hearings due to the coronavirus. It’s really unfortunate for people who want their cases resolved, but it’s also understandable that certain cases (such as emergency restraining orders) should receive priority.
August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).
Attorneys are often very busy. With that being said, attorneys have an ethical duty to communicate with their clients. I would recommend sending your attorney a letter outlining your concerns and explaining that you are going to look for a new attorney if the issues aren’t resolved.