It's often hard for a client to know whether or not a lawyer is doing a good job. But if you think your lawyer's ability leaves something to be desired, investigate -- before it's too late. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
1 Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. 2 Get your file. If you can't find out what has (and has not) been done, you need to get hold of your file. ... 3 Research. ... 4 Get a second opinion. ... 5 Fire your lawyer. ... 6 Sue for malpractice. ...
The Lawyer Is Dishonest or Totally Incompetent. If your lawyer has actually stolen from you or acted with gross incompetence, the authorities in charge of disciplining lawyers in your state should show some interest. File a complaint with your state's lawyer discipline agency.
Many agencies wait until they have several similar complaints about a particular attorney before taking action. State bar associations are primarily concerned with punishing lawyers (though rarely severely), not compensating clients.
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.
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.
Your case could be waiting in line for months, a year or even longer. During these long periods of waiting, you may not hear from your attorney, and they may not be super responsive if there's nothing new to report. These months of limbo can be frustrating, but these delays may also be unavoidable.
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
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.
Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.
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.
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.
One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.
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.
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.
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.
If the defendant is not at home or work (or is just very adept at ducking service) this can take a few months. Discovery takes time. Discovery is the process where each side obtains evidence from the opposing party.
That takes time. Court dockets are crowded. A crowded docket means hearings before the court can take a long time to schedule. Continuances are common. Finally, if you ever want to know what is going on with your case, do not ever feel shy about calling or emailing your lawyer or your paralegal. Back to blog.
This is because you and your attorney need to know the full extent of the damages on your claim. Ascertaining all of the damages on a case means your lawyer needs to know the full extent of: Your medical bills. Your lost wages. Any permanent damage you may have suffered as a result of the injury.
Just because your lawyer is responding to you in a timely fashion doesn’t mean the other side is. Sometimes, the other side ducks calls and ignores letters. Your lawyer will certainly do everything possible to move the case forward but they cannot control what the other side is doing. Your case is in court.
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:
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.
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 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.
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.
Most of the time, finding a lawyer means there is a significant stressor in your life. Making important decisions like which attorney to use, while already under stress, can seem impossible. Hopefully, this guide will make the process somewhat less daunting.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences. Unprofessional or unethical behavior can include: 1 Arriving late or failing to show up for important meetings, or missing court dates 2 Making decisions of importance about your case without discussing it with you first 3 Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court 4 Refusing to return your calls or messages within a reasonable timeframe 5 Knowing there is a conflict of interest in your case, but proceeding despite the ethical problem
If your attorney is coming off like a used car salesman, be wary. You want an attorney who will fight for the best possible outcome, but the best of attorneys know they can never promise a positive outcome. You deserve an attorney who is honest with you, even if the truth hurts.
If you are battling for the custody of your children’s custody or struggling because you are not receiving child support, you need an attorney who will keep you apprised of every step of the process. If you continuously struggle to contact your lawyer, and they often do not return phone calls and messages , it is a bad sign.
In the legal arena, attorneys start at the bottom and work their way up. If there is a lack of professional respect for your attorney, whether it is former clients, in the courtroom, or with their peers, it should be a red flag.
The legal system is made up of many moving parts, and though a good attorney can offer you a reasonable idea of what to expect, no one can promise a specific result.