what do i do if my lawyer is extremely difficult to get into contact with

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.

Full Answer

Can a lawyer be at fault for a client's problems?

However, during the course of litigation, conflicts can emerge between a lawyer and their client. If a case does not go as the client expected, it’s naturally easy to blame the attorney. While in most instances the attorney’s actions were not to blame, in some cases the client may have some genuine concerns.

What should I do if my lawyer doesn’t communicate?

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.

Can a lawyer advise a client to do something illegal?

A lawyer should advise a client of possible actions to be taken in a case and then act according to the client’s choice of action — even if the lawyer might have picked a different route. One of the few exceptions occurs when a client asks for a lawyer’s help in doing something illegal, such as lying in court or in a legal document.

What to do if you are unhappy with your lawyer?

If you are unhappy with your lawyer, it is important to determine the reasons. If, after a realistic look, you believe that you have a genuine complaint about your legal representation, there are several things you can do. This section will outline those options and some issues to be aware of when dealing with such disagreements.

What should I do if my lawyer isn't communicating with me?

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.

Why do lawyers ignore you?

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.

Is it normal for lawyers not to respond?

Sometimes, lawyers take a bit longer than usual to respond because they are away from their office or traveling for business. If you have not heard back from your lawyer within 48 hours of sending them an important email, you should send another email just asking if there is any news or status about your case.

How do you deal with a difficult attorney?

Here are eight approaches to better handle the difficult lawyer.Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

How long should I wait for my attorney to respond?

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.

What is it called when a lawyer doesn't do his job?

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.

How often should your lawyer contact you?

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.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why do lawyers not return phone calls?

Returning a client's phone call is not an efficient use of their time. Often, if you get a return call at all it is a paralegal assigned to the case, and often this paralegal cannot answer many of the legal questions you may have.

Can I fire my attorney by email?

If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

What does OC mean in law?

OC. Opposing Counsel (legal notation)

What to do if your lawyer is not responding to your complaint?

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.

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.

Why should a lawyer refuse to take a case?

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 should a lawyer act in both professional and private life?

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.

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 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 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.

SOLVING THE CONFLICT INHERENT IN OUR PROFESSION

I sometimes speak before lawyers groups on dealing with conflict. It’s all around us in our work, almost every day. Most lawyers dislike it. It’s unnatural and it wears on you.

HOW TO DEAL WITH THE DIFFICULT LAWYER

The simplest use of the Chair Back to deal with a difficult lawyer is to actually place chairs (I have typically used three) in a jagged stair step fashion behind the first chair. Each chair represents a deeper level of truth.

SOLVING CONFLICT COMES FROM UNDERSTANDING OTHERS AND OURSELVES

When you do this exercise your animosity begins to melt away–if you let it–and you can see the “difficult” lawyer for who they really are. I tried it again recently with the lawyer I mentioned above and her sniping now flows over me like water over a stone.

What to do if you have bad news for your client?

If you have bad news for your client, rushing into it will just be a shock to their system and can cause a panic. Be sure to ease into the situation. Prepare what you will say, how you will deliver it, and what your lead-in will be.

What to say when a client is angry?

If your client is angry, be sure to apologize – even if you are not at fault. Saying, “I’m sorry that you are feeling so frustrated/ angry/upset,” can make them feel heard while not admitting blame for how they’re feeling.

Which Brain is in Charge?

Humans have three brains: the primitive or reptilian brain, which relates to fear and survival instincts, the mammalian brain, where feelings, moods, and memories live, and the neocortex, home of reason, logic, and intuition.

Show That You Care About the Difficult Attorney

Say, for example, the attorney says he’s frustrated about an invoice he received. Practice empathy. Try to imagine how he’s feeling. Also ask questions—carefully. Don’t say, “Why are you so upset about this?” Say, “Can you tell me what upsets you about this invoice?” Your tone of voice is everything in this instance.

Let Him Vent

Let him express himself fully without interruption. This is important, because you may be tempted to interrupt.

Make Him Feel Important

When you feel that he’s ready to listen, thank him for his honesty. Say that you want to know how you can work together to solve the problem. Say that you value and would really like to hear his input. This approach is especially useful for chronic complainers whose deeper problem is that they feel ignored, that their opinions don’t matter.

Who is a difficult client?

A difficult client is difficult in a human-relations sense. It is the client who regularly says, “I want it tomorrow,” who demands, “Do not put that lawyer on my case,” or who always seeks detailed explanations for every letter a lawyer writes or Application a lawyer wants to file.

1. Be Proactive

One of the best ways to handle a difficult client is to anticipate the problems and attempt to deal with them at the beginning of the relationship, for instance, that a lawyer should ask a client what the client’s deadlines are – and then try to beat them.

2. Staffing

Dealing with staffing issues upfront can also help avoid the situation of the client trying to dictate which lawyers from a firm should be handling a case or representing the client on a particular transaction. If a client rejects the lawyer’s staffing proposals, the lawyer should ask the client why.

3. Billing

A discussion of billing at the intake stage can also help avoid bill problems later. At the beginning of the relationship, a lawyer should tell the client what the lawyer’s fee, or estimated fee, will be. The lawyer also should explain how often the client will be billed and when the lawyer expects those bills to be paid.

4. What if a lawyer takes none of these steps and simply sends a bill, to which the client objects?

The lawyer should not fight with the client, but should speak with him or her and offer to look at the bill again. After doing so, the lawyer can contact the client again and say that it looks fine, but ask what the client thinks is right. At that point, the lawyer can negotiate the bill or take other appropriate action.