what to do if my lawyer isn't doing his job

• a) Speak With Your Attorney. One way that clients often find out that their attorney is not doing good work on their case is by seeing that the attorney has ...
• b) Request Your Case File. If you think that your attorney has not been working diligently on your case, you can always request your case file from your attorney.
• c) Do Some Legal Research. Many times, attorneys seem to make strange arguments that may appear to have little or nothing to do with your case.
• d) Get a Second Pair of Eyes. One of the best things that you can do if you feel that your attorney is not doing a good job is to ...
e) Consider Arbitration. There are times when disputes between you and your attorney just cannot be handled without some intervention.
g) If Nothing Else Works, File a Legal Malpractice Claim. If none of the above work and you still you feel that your attorney has cost you money by breaching ...

Full Answer

How do I deal with attorney problems?

Jun 28, 2018 · What to do if your lawyer isn’t doing his job The legal system can be complicated, and as a victim of someone else’s negligence, it is important to have someone who is capable of guiding you through the process, standing up to insurance companies and defense attorneys, and willing to take your case all the way to trial if necessary.

Should I Stay with an attorney who doesn't do their job?

Feb 25, 2021 · If you have tried mediation and your attorney is not doing their job, and you have decided you need to let them go and find someone else, there a few different ways you can go about this to seek new legal representation for your legal issues. File a Legal Malpractice Claim

How do I get a lawyer to take over my case?

A lawyer not doing his job is a serious issue, and you can opt to complain about your lawyer to The State Bar of California or the state where you have hired the attorney. When you file a complaint against your lawyer with the State Bar, the lawyer is …

What should I do if I'm Not satisfied with my lawyer?

Sep 06, 2016 · The quick and easy answer to your question is fire your current lawyer and hire a new one to take over the case. Lawyers are under an ethical duty to keep their client reasonably informed about the status of the case and to communicate on a reasonable basis in responding to client inquiries.

What is it called when a lawyer does not 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.

What can you do if your lawyer is not responsive?

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.Sep 27, 2018

Is it normal for lawyers to not respond?

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.Jul 10, 2021

What is the most common complaint against lawyers?

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.

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. 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.Mar 29, 2021

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 ...

How often should you contact your lawyer?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case.Jun 17, 2020

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

How fast should a lawyer 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.Dec 28, 2019

How do you write a complaint letter about a lawyer?

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.

How do I file a complaint against an attorney in India?

A complaint against an advocate has to be in the form of a petition. It has to be duly signed and verified as required under the Code of Civil Procedure. The complaint can be filed in English or in Hindi or in a regional language where the language has been declared to be a state language.

How do I file a complaint against an attorney in NJ?

If you believe that your lawyer has engaged in unethical conduct, you should call the toll-free number 1-800-406-8594. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.

What is the relationship between a lawyer and his client?

That is, a relationship of understanding and collaboration between parties. However, experience shows that, in most cases, the relationship between a lawyer and his client is problematic, to say the least. Although have a common goal, see, win the case, ...

What is legal malpractice?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. There is a standard that needs to be breached by typically it will concern lawyers acting in their own interests, and lawyers breaching their contract with the customer. One of the most common cases is when lawyers fail to act on time for clients.

Can a lawyer be fired?

People often think that lawyers cannot be fired, so they are tied hands and are forced to tolerate the inefficiency of their lawyer. However, it is a false belief: lawyers can be dismissed and you can do it at any time.

Is dismissal a drastic measure?

Given the reasons above, there is no doubt that dismissal is a drastic measure and it is recommended that it be the last option to be considered. A better alternative is preferable: a second opinion.

Can you fire a lawyer?

Yes, you can fire him. Once you have talked to him or her and you have analyzed each of his procedures, as well as the elements of the case, you can draw a conclusion. If your suspicions have been confirmed and, indeed, the lawyer is not acting as it should be, then you can opt for the classic option: fire him.

What to do if your lawyer doesn't work?

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.

What to do if you are not satisfied with your lawyer?

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.

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 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 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:

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. 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.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

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.

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 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.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

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.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

2 attorney answers

Contact him at his office by telephone and letter, certified mail, return receipt requested and demand the case be finished immediately or you will be forced to go to the legal authorities and then follow up with a complaint to the Grievance Committee of the State Bar and or the Court administration.#N#More

Michael John Apicella

Sorry to hear you're having trouble with your attorney. Per the other answer, yes, you can report any misconduct by your lawyer to the California State Bar. However, apart from holding your prior lawyer accountable for any misdeeds, including improper billing for shoddy work, it seems you still need/want to finish your divorce ASAP.