May 25, 2011 · I would send her a letter demanding a refund. Inform the Court that your attorney will not communicate with you. You face the possibility of losing your motion to be a non-conditional resident. I do not know if you would be able to refile, so you should contact U.S. Citizenship and Immigration Services to find out.
Aug 09, 2010 · What I generally suggest doing is to send a certified mail to the attorney requesting a complete status of the case giving him a two week period within which to answer. Generally, the rules of ethics requires that an attorney gives status …
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.
Apr 09, 2015 · You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email. Alternatively, you can pick up a copy of your file in person (but contact the office first, so that it has time to locate and review the contents of your file and make a copy for you).
If you can't get in touch with your lawyer to this degree, it is a very bad sign. You don't want to jeopardize your case, get someone else.
It does not sound like your attorney has followed his ethical duties and kept you informed of the status of your case. The #1 complaint with the North Carolina State Bar is failure to return phone calls. Also under North Carolina law, if you want a different lawyer, you have the right to fire your old attorney.
Either this is a duplicate question or the other one is. What I generally suggest doing is to send a certified mail to the attorney requesting a complete status of the case giving him a two week period within which to answer. Generally, the rules of ethics requires that an attorney gives status of the case to...
The red flags are waving. Send him a certified letter terminating his services. Keep a copy. The statute of limitations is running while you wait. Contact the local bar and inquire as to his active status. You require a direct response.
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.
Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.
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.
You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.
You may feel that your old lawyer doesn't deserve any more money. But you need to weigh these costs against the harm that could be done to your legal interests if your old lawyer acts in bad faith and holds documents hostage. It might be better to pay your bill in order to facilitate a clean break of the relationship.
Your new attorney will want to communicate with that body and make sure it sends any new correspondence, such as motions from the opposing party, directly to the new attorney.) Your attorney should not charge you a fee for copying the documents in your file.
If you've ever switched dentists, you may have faced the awkward situation of asking your old dentist to forward your X-rays and records to your new dentist. Switching attorneys presents a similar problem. If you are thinking about leaving your old lawyer for a new one—and there are several reasons you might choose to do so—one question you're ...
Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.
Comply promptly with requests for information that are reasonable and inform their client of any limitation for the conduct of the lawyer that is relevant if the lawyer is aware of the client requesting an assistant which is not permittable due to any law.
A state bar complaint has to be written but preferably advise your lawyer that you will do so if you are not getting any response from them. This does not mean you should do this if they are talking with you in some manner, but not communicating by email.
Some attorneys do not like to email clients. Although it is unacceptable for a lawyer to not respond in some way to a client. This is because a state bar complaint can be filed online if you do not receive a timely response from your lawyer. A state bar complaint has to be written but preferably advise your lawyer that you will do so ...
An attorney or lawyer is required to communicate with the client they take on. The American Bar Association has a set of rules for professional conduct, and it does have specifics on the Client-Lawyer Relationship. Rule 1.4, which is in regards to communication states the following.
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.
Once someone files a complaint about a particular lawyer with a governing board (such as the boards mentioned above), then an investigation occurs regarding the practice of that lawyer. The case is typically handed over to a grievance committee that reviews lawyers’ work and ethics.
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.
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.
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.
In a nutshell, if opposing counsel isn’t responding: Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse. Wait a reasonable amount of time. To be safe, get a court order authorizing direct contact.
Lack of communication can be a delaying tactic by counsel, or another intentional strategy. If direct contact with the adverse party is made, you should question the party again to see if they are represented. If so, stop further communication and tell the party to refer the communication to their counsel. If the party says they terminated the ...
Attorneys with concerns about legal ethics can call the Ethics Line at 206-727-8284 or 800-945-WSBA (9722) , ext. 8284 and receive help analyzing ethical issues. For other issues, Sandra can be reached at sandras@wsba.org or 206-239-2118.
The language of the retainer agreement would control how much of a refund you would receive. The attorney would need to itemize his or her time and you would usually be entitled to a refund of the remaining portion of the retainer.
The implication of your inquiry is that the lawyer has been sitting on your case for 4 1/2 months with no reasonable explanation for the lawyer's inactivity. I am assuming that is so for purposes of providing an answer. If you have a right to demand a refund, you may have to ask for it.
If it is clearly a retainer fee, all unused portions of the retainer fee, at the end of the engagement, should be returned to the client. Talk to the attorney and ask them why the delay (if any) for the case. The attorney has an obligation to communicate with you if you reach out to that attorney.