If your attorney is not calling you back or is hard to reach, there are steps you can take. Blow up the telephones – Tell the person who answers how many times you have called and not received a response. Be polite though.
But give him a chance. Leave your office number and an after-hours number. Almost half of those who call either don’t leave a message or say something like, “He has my number.” The best attorneys are always busy. We’re in court, in depositions, meeting with clients and witnesses, or otherwise unable to call back.
If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned. If you still don’t get a response, you can file a complaint with your state or county bar association.
When you do so, your old attorney is legally obligated to turn over your case file to your new attorney (so your new attorney doesn’t have to start from scratch). Another option, if all attempts at communication have been exhausted, is to contact your local state bar associationand file a complaint against the attorney.
If you can’t get attention or response from your lawyer, you might have no choice but to hire a new attorney and request that they handle it. The other option is to contact your state bar association, which might be able to assist or provide additional resources. Reply Maria Gustissays March 17, 2021 at 10:00 am
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.
This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.
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.
Even if your lawyer is working on another case, they should still get back to you within a day or two at the most. Your lawyer owes you responsive communication, even if you're not their only client. There's no excuse for an attorney who takes weeks to return calls or emails.
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.
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.
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.
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.
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.
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.
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.
An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.
Although it seems elemental, the first step for any lawyer in any case is to identify the client. In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean?
When a beneficiary calls and a lawyer chooses to engage in a conversation, the lawyer must walk a careful line between providing general information about the estate (which is okay) and providing legal advice to a beneficiary (which is not okay). Another consideration at play is the attorneys’ fees.
So what’s a poor confused beneficiary to do? If you are an estate beneficiary, and you are confused by what’s going on or suspect foul play, the best thing you can do is to hire your own attorney. Your attorney can explain the probate process to you, obtain information from the estate’s attorney in an efficient way and, if necessary, file reasonable and legally sound pleadings on your behalf. Ultimately, this approach will not only make the estate lawyer’s job easier – it may also save the beneficiaries a considerable sum of money at the end of the day.
So that beneficiary, and any other beneficiaries who will receive percentage distributions, will ultimately receive less money. Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries.
A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries.
No one, unless a beneficiary decides to obtain counsel. Unfortunately, some beneficiaries think the estate’s lawyer represents them too. For free. As a result, they call the lawyer’s office. And call. And call again.
Use your good sense (referenced above) however. If your lawyer absolutely refuses to return your calls, get another lawyer. Your family law matter is too important and lawyers are too expensive for you to be out of the loop.
If you get behind, work out a payment plan with your lawyer, or see if you can arrange for a flat fee or other billing structure .
It is critically important that you keep informed about the status of your case. It is not reasonable (or cost-effective, for that matter), to demand that your attorney speak with you 3-4 times per day. Keep in mind that unless you are paying your attorney $10,000.00 per hour, your lawyer has to take in other clients all of whom will need to meet with your attorney, talk to him/her on the phone, correspond via email, and go to court.
If you want to complain about your soon-to-be-ex-spouse, call your mother; I can almost guarantee you that she will take your side. 4. Do not abuse the word “emergency.”. In family law matters, “emergency” means you or your children are in imminent danger.
That’s why your lawyer hired that person – to help you out when the attorney is tied up in court, depositions, mediations, or meetings. Most of the time, the legal assistant can answer basic questions regarding scheduling, copies of documents, due dates, etc. The assistant is also in the best position to make a note of your call and concern, relay it to your attorney, and provide you with direct and timely feedback. Additionally, the legal assistant is almost always in the office, whereas your attorney often is not.
If your lawyer fails to handle your case competently, including intentionally ignoring you or by being too busy to work on your case, you may be able to take action through a legal malpractice suit.
Before terminating your relationship with your attorney, read your retainer agreement. The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it.
But when failure to return calls or answer emails becomes the norm, you may wish to break ties and seek new representation.
To end the relationship, send a written letter, preferably certified with a return receipt requested. The letter should explain your concerns with the lawyer’s inattentive behavior and request a complete copy of your file.
Lack of communication is one of the leading reasons clients choose to seek a new lawyer. While lawyers are often busy attending court, meeting with other clients or preparing a case, persistently failing to return calls or emails can damage the relationship and case beyond repair.
“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.
Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.
Some pretty reliable indications of a busy office are things like assistants frantically running around, others working at computers, phones constantly ringing, filing cabinets with trays full of case files nearby waiting to be filed, and at least a few clients waiting out in the reception room.
We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.
In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:
While you can dismiss an attorney whenever you choose, this is obviously the last resort. Time and money can be lost in the transfer, and many lawyers refuse to accept cases that have been handled by others.
Even the best lawyers are usually truly competent and proficient in only a few areas of the law.
If you don't get an acceptable answer, then have your new lawyer ask the old lawyer for your file and move on with your life. Be sure to ask the new lawyer about how quickly he or she responds to correspondence.
Lawyers have an ethical responsibility to be timely in their communications with clients about ongoing matters. If your lawyer isn’t dead, and didn’t communicate something like “My representation of you is over and our attorney/client relationship is over,” and you actually have an ongoing legal situation (this isn’t you calling them out of the blue without a previous case discussed), then your attorney may be acting unethically. If you are in urgent need of legal advice or there are ongoing legal matters that aren’t being handled because your attorney is ignoring you, you should consider fili
As evidence of that, at least half of the states put out “probate handbooks” so that citizens of that state can walk themselves through the probate process.
Remember: Probate at it’s core is an accounting task: What were the assets, what were the liabilities; what is left, and then who gets it ?
Lawyers have an ethical responsibility to be timely in their communications with clients about ongoing matters. If your lawyer isn’t dead, and didn’t communicate something like “My representation of you is over and our attorney/client relationship is over,” and you actually have an ongoing legal situation (this isn’t you calling them out of the blue without a previous case discussed), then your attorney may be acting unethically. If you are in urgent need of legal advice or there are ongoing legal matters that aren’t being handled because your attorney is ignoring you, you should consider filing an ethics complaint with your state bar. It could be that your attorney is struggling with substance abuse, or depression/anxiety, or is overwhelmed with work for other clients and can’t get around to your matter, but in any of those cases, they have a duty to let you know and get you someone else to represent you, not just ignore you.
The message can either be that they are behind on their files, are going through a server problem, or need to be replaced by a more responsive firm.
You are the client. If you’re getting bad service ask for a final bill and walk away.
If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary . This will jolt him into action. He will respond either by saying the two of you aren’t a good fit, or he will start being much more communicative.
In most cases, you can get a different public defender by writing a letter to the judge. Accordingly, you can mention to your lawyer that you want to explore getting a different public defender. Hopefully this will motivate your attorney to either (a) be more responsive, or (b) help you request a new lawyer. Reply.
A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.
August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).
The new lawyer can (1) make sure the old lawyer has actually filed the notice of withdrawal, (2) make sure any new paperwork/notices get directed to the right place, and (3) make sure there aren’t any upcoming deadlines that need prompt action.
You technically aren’t the client. If your father or other relative is the actual client who signed a contingency fee agreement, you can’t talk to the lawyer on their behalf. That’s what attorney-client privilege is all about.
He doesn’t have time to chat. While it might seem like lawyers have lots of free time and are delighted whenever you drop by their office, you are taking time away from other money-making cases. He has an office to run. Let him run it.