If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.
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. However, my lawyer will not discuss them.
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.
My lawyer isn’t keeping me informed on what’s going on. What can I do? Lawyers are ethically bound to keep their clients informed on important developments in the case, and to respond to inquiries.
If you conclude that you simply can't work with your lawyer anymore, fire your lawyer and find someone new.
If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.
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.
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.
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.
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.
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.
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.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
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.
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.
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.
If you have already met with your attorney, you may want to write them to ask for another meeting. You can email them, or call them, but you may choose to write a letter. If you do so, keep it brief, formal, and clear. Format it like any business correspondence, and keep a copy for your files.
Choosing the lawyer that represents your injury case is one of the most important choices of your life. If your current lawyer isn’t working, replace them.
If your lawyer doesn’t improve, you have the legal right to get a new lawyer. Under the law, your old lawyer must facilitate this change—they will forward all documents and evidence to the new attorney, and they must do so quickly. Most importantly, you will not end up paying more by changing lawyers.
Much of the time, if your attorney isn’t calling you as often as you had hoped, your case may just be at a standstill right now and there’s nothing more they can do at the moment. They may be waiting on an answer from the other attorney or insurance company, or they may be waiting on paperwork necessary to proceed to the next step in your case.
They may not realize how frustrated you are. Start by telling them very clearly that you are not getting the answers you need, and you don’t feel they make time for you.
No one should ever give a recorded statement to an insurance company, even their own insurance company, without consulting an attorney first.
The first thing to remember is that you are not your attorney’s only case. Something may have come up in another matter that takes precedence, or s/he may be on trial. Something may have come up in the attorney’s personal life as well.
Many attorneys just don’t have the resources to give you the time you deserve; they’ve bitten off more than they can chew. Others just don’t value customer service. Sometimes you have to fire them and find someone better.
What can I do if my attorney is not doing his job? There’s nothing more frustrating than when you’re dealing with a lawyer not doing his job.
Hiring the right lawyer is a personal decision, and only you can decide what is right for you.
Why is it so important to hire an experienced attorney over a general attorney?
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
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.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
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.
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.
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.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
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 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 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.
The best, most unobtrusive way to start getting your attorney’s attention is by sending them an email. Lawyers regularly check their emails, so it is a good way to see if someone from their office will respond to you. If your attorney does not reply via email, then you should call their office.
If your attorney does not reply via email, then you should call their office. A phone call is more direct and personal than an email. Since you speak to your lawyer over the telephone, you should be able to better gauge why they have not followed through with activities that you feel are important.
Perhaps you feel you have exhausted all efforts to contact your lawyer about supporting you during your divorce proceedings. If so, as a last resort, you may decide to report them to the regulatory board that governs their work and license. This board could be a state, county, or city bar association.
To be proactive from the beginning of your relationship with your attorney, the first thing that you can do is to let them know your concrete expectations. Some lawyers and clients will sign a contract with one another about expected fees, timetables, and the availability of the lawyer.
People have problems with their lawyers for a variety of reasons, but some of the main issues involve: 1 Fee conflicts 2 Issues involving communication or neglect 3 Competency problems 4 Ethical concerns
Sending a letter is another good way to get your point across to your lawyer. In the letter, you may want to state a specific date that you expect to hear from them, or that you want them to complete something. While going through the stages of a divorce, there are several deadlines that your lawyer will need to meet.
Competency problems. Ethical concerns. Any of these areas can cause major concerns for people who have hired a lawyer to help protect their personal interests. If you have these types of concerns about your attorney, then you must be proactive about protecting your well-being, and proving your side of the case.
Don't just change lawyers because you are not getting hand holding. If he is good, he will be busy, and every client deserves 100% care, but just not all on the same day and at the same time. Report Abuse. Report Abuse.
That is a tough question. You can only get out of the contract with the lawyer if you can show just cause for doing so. It may be that not answering your calls and emails will be just cause for your avoiding the contract, but that could become an issue for you. I think you should talk with another lawyer, who can then negotiate with your present lawyer on a fee split between the two lawyers. There will be some risk for you, so I would consult with another lawyer so that he or she can help you end your contract with your current lawyer. I think you will need some evidence that your current lawyer has not been responsive. Do you know the dates you called his office and left messages? Do you have all of your emails with him?
In Michigan you may hire and fire your lawyer as you wish. If your lawyer is not taking care of your case and/or not communicating with you , you may fire your attorney and hire a new one. You may also file a Grievance against your attorney as the Michigan Rules of Professional Conduct REQUIRE an attorney to keep their client advised of the progress of their matter, as well as to use reasonable efforts in the matter to keep it moving forward. You may also get a 2nd opinion from another lawyer before deciding what to do. In getting a 2nd opinion, you would contact a new attorney, who would contact your present attorney and make arrangements to go and review your current attorneys file so that the 2nd opinion attorney could advise you of the status of the matter and if it is, or isn't, on track and being handled properly. With the 2nd opinion in hand, you could decide whether you wished to stay with your original attorney or change attorneys, and do so in an informed way. Of course, any Agreement you signed with your original attorney will apply and there may be language in any such Agreement about costs incurred, fees incurred/time spent, etc. So certainly you would want to read any such Agreement before deciding what to do.
Arguably you can. I would send him a letter advising him of the problem and telling him that if things don't change you will be forced to change to another attorney. Even if you do, however, your former attorney will have a claim for cost he has expended and possibly for his time. You should look closely at your contract with him and then try to work out an agreeable solution.
If your case is a good case then he ought to be moving. (your case may not be as good as you think it is) you can fire him and get a new lawyer anytime.
Answered on Jun 18th, 2013 at 10:39 AM. Yes, you can always terminate your lawyer's representation. Before you do, I would recommend making an appointment to see him and let him know of your dissatisfaction and give him a chance to explain what he is doing on the case.
It depends upon the agreement you signed with him. You could fill a complaint with the State Bar Association, he is required to keep you informed on the case.