what should i do if i feel my lawyer is not fighting the good fight for me

You can even make some notes and pointers and discuss those with your lawyer. This can help your case and lawyer’s argument and even make your case stronger. If your lawyer is still not fighting for you as you feel they should or you think they lack competency then consider getting a second opinion.

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What to do if your lawyer does not do what you want?

Dec 22, 2017 · You always have the option of firing your attorney. If you decide that the relationship between you and your lawyer is not positive for you and your case, ask the lawyer for your file, then seek legal assistance elsewhere. Summary You have some options when you feel that your lawyer is not supporting your case and fighting for your rights.

What should I do if I have a conflict with my attorney?

Jul 24, 2020 · Get A Free Consultation If Your Lawyer Is Not Fighting For You. Your lawyer should not say a phrase that is not true or is a lie. It is important for you to state a clear explanation of the facts in front of the judge, jury, or anyone else like the court reporter. I think that having good legal counsel on your side helps you find peace instead of fire.

What are my rights if I am unhappy with my lawyer?

If your lawyer is still not fighting for you as you feel they should or you think they lack competency then consider getting a second opinion. Get a second opinion from another lawyer. If you are still not satisfied with the progress of your divorce case and have doubts.

Is your lawyer a good fit for You?

Oct 22, 2010 · 1 attorney answer. It is highly unprofessional to belittle a client's concerns or to "brush off" a client. If your current attorney is not taking your concerns seriously or is not advocating for the custody/parenting position that you want, you should consider obtaining a second opinion about your case, hiring a different attorney, or, at a minimum, explaining your …

How to get your attorney's attention?

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.

What to do if your attorney does not reply to email?

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.

What to do if you have exhausted all efforts to contact your lawyer about supporting you during your divorce?

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.

How to be proactive in a relationship with an attorney?

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.

What are the problems with lawyers?

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

How to get your point across to your lawyer?

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.

What are the concerns of hiring a lawyer?

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.

What to do if your attorney is not communicating with you?

Folks who haven’t heard from their advisor and think their lawyer is not communicating with them can try to establish regular meetings. If this doesn’t work and your attorney is still keeping you in the dark, you may wish to seek a second opinion and perhaps contact a new law firm.

What is the importance of honesty in a lawyer?

Besides being aware of all the potential factors that influence the case, having an honest attorney means you’ll receive straightforward, thoughtful answers that help you make the best decisions.

What to do if your adversary is a large corporation?

Rest assured, that if your adversary is a large corporation or an insurance company, they will research your law firm and know, for example, their track record. The good news is that you don’t have to continue to do business with a firm you are second-guessing or with whom you are uncomfortable.

What is the role of an attorney in a case?

Like communication, keeping you up-to-date with the status of your case is one of your attorney’s main responsibilities. This includes any significant events, potential settlement offers and demands, new evidence, and even if there is no change, your attorney should let you know that the status remains the same. Many times, deposition testimony obtained during the course of discovery can change your case or the issues involved in your case.

Why is it important to have a law firm?

A law firm’s most important objective is to ensure its clients’ safety and keep their best interests in mind. If your attorney behaves in a way that makes you doubt his or her commitment to your well-being, it may be time for a second opinion and perhaps to find a new counselor that gives you peace of mind.

What are the rules of professional conduct?

In most states, attorneys that practice law must follow the Rules of Professional Conduct, which generally sets rules parallel with the bar association. These regulations detail the responsibilities and obligations that lawyers must follow, so you should take a look at this resource if you believe your lawyer is not fighting for you.

Why are legal claims brought in front of judges no joke?

Legal claims brought in front of judges are no joke, because the legal forum is a product of our justice system and deserves maximum respect. I truly believe that no amount of tips or messages on the rest of the internet can replace the part of having powerful representation that respects the law.

What is the importance of picking the right law firm?

Things like the rating, past results and success, and also viewing the law firm partner, can have a big effect on every motion of the case. You should also check to see if there are any complaints regarding that attorney with the state bar association or someone suing a lawyer in a malpractice suit.

Is it worth attending a strategy meeting with a law firm?

I believe it is worth every penny to attend a strategy session meeting with the law firm. The legal world is like a game of chess, and strategy can make all the difference between winning and losing.

First, email and call them

Assuming it is not urgent, first try a short email, letting your lawyer know you have concerns about the case and would like to schedule a call or meeting. If you don’t get a response with 24 working hours (legal response should be much faster than this), then follow up with a telephone call.

Research & understand your case

Do some research and educate yourself about your separation/divorce and your problem. You can even make some notes and pointers and discuss those with your lawyer.

Get a second opinion from another lawyer

If you are still not satisfied with the progress of your divorce case and have doubts. You can get a second opinion by making an appointment with another family / divorce lawyer and discussing your case.

Get your case file

If you are not so sure about your current lawyer’s work and you think you need to fire them, you need to get all your divorce paper work and documents immediately. This includes all court records and copies of all correspondence.

Fire your lawyer

This should be the last resort; if you are very sure that your lawyer is incompetent and your relationship with him/her has become intolerable, you can fire him/her at any time, but give it a serious thought because your new lawyer will have to catch up on all the work done before and this could get expensive.

Can I Sue my lawyer if they are not doing their job?

This is the next big question and the answer is yes, you can definitely sue your lawyer for malpractice, but this is not an easy task, as you will need to prove the malpractice, by proving two things:-

How to get your money back from a lawyer?

If your lawyer has acted with gross incompetence or has actually stolen your money. You can file a complaint with your state’s lawyer discipline agency. The complaint can be filed on any of the following reasons:-

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.

What to do if your lawyer doesn't respond?

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.

What to do if your lawyer is unresponsive?

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.

What is the agency responsible for licensing and disciplining lawyers?

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.

What to do if you lost money because of a lawyer?

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:

What is the defense of a lawyer who is sued for malpractice?

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.

What to do if you can't find out what has been done?

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.

What happens if a lawyer doesn't return phone calls?

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.

Charles Joseph Michael Candiano

I agree with my colleagues. Additionally, I would remind you that your attorney cannot even begin working on your file until after you advise him that you have completed all necessary medical care.

Eric J. Parker

I agree with the others who posted. It does take a long time to complete these types of cases - however, there is no excuse for a lawyer not returning phone calls in a timely manner. Give him a chance to remedy the problem, If he doesn't - I would look for someone else. Best of luck.

Stephen Laurence Hoffman

Write a letter demanding a phone call or an appointment. Put a date deadline for a response. If you don't get one you may want to vote with your feet and find another lawyer...

Randy W. Ferguson

You can always go by his office. You can set up an appointment to find out what is going on.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

What happens if your lawyer knows when your accident happened?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is the responsibility of a lawyer?

Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.