what to do when lawyer doesn't return calls

by Prof. Newell O'Connell 5 min read

If Your Attorney Will Not Return Your Call

  • You Need to Write Letters. I appreciate that phone calls are easier and that you shouldn't have to write a letter to your own attorney.
  • Ask the Phone Receptionist What is Going On. ...
  • Request Your File - It Is Your Property. ...
  • If Nothing Else Works, Threaten to File a State Bar Grievance. ...

Full Answer

What happens if a lawyer does not return a phone call?

Jun 15, 2015 · Here’s What to Do 1. Call Your Attorney I know what you’re thinking. And you may be right. But give him a chance. Leave your office number... 2. Don’t Overreact Lawyers live in a world of overreaction. It’s a confrontive, combative, often antagonistic... 3. Follow Up With a Letter You don’t have to ...

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

Aug 22, 2018 · When you hire an attorney, you probably have certain expectations regarding communication about your case. If you call or send an email, you expect a response within a reasonable amount of time. But when failure to return calls or answer emails becomes the norm, you may wish to break ties and seek new representation. Evidence of a problem

How do I get my Lawyer to call me back?

If Your Attorney Will Not Return Your Call You Need to Write Letters I appreciate that phone calls are easier and that you shouldn't have to write a letter to your... Ask the Phone Receptionist What is Going On If you get a live person on the phone when …

Should I call or write a letter to my attorney?

Aug 13, 2018 · It’s in your best interests to recognize when an attorney isn’t doing the job right as early as possible. If you suspect that there is a problem with communication, you should call at least twice to leave a message. Wait for a return call, and if you don’t get one, write a letter. You can also write an email seeking a reply.

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What to do if your lawyer will not call you back?

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. Your next step would depend on the nature of the problem.

How long should you wait for a lawyer to call you back?

Scott Aalsberg Esq. 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

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

Is it normal not to hear from your attorney?

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. Remember, your attorney's job is not to get you the fastest settlement.Oct 25, 2018

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How often should your lawyer contact you?

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. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Can I talk to another lawyer if I already have one?

Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.

Why do lawyers take so long to get back to you?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.May 28, 2020

Why do lawyers take forever?

Generally, if your lawyer is taking too long, it could be for a good reason. Good reasons for the lawyer's delay include waiting for available court dates, lengthy negotiations, court delays, medical treatment to finish, receiving medical records, finding absent parties, and more.Jun 29, 2021

Is no news good news from your lawyer?

The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case. The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.Aug 4, 2016

What do you call a corrupt lawyer?

shyster. noununscrupulous lawyer; swindler.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

What happens if your lawyer doesn't handle your case?

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. Poor communication alone is not grounds for a legal malpractice suit, but if your attorney stops working on your case altogether it could escalate to a malpractice suit.

What to do before terminating a relationship with an attorney?

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.

How to end a relationship with a lawyer?

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.

Why is communication important in a lawyer?

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.

You Need to Write Letters

You Need to Write Letters#N#I appreciate that phone calls are easier and that you shouldn't have to write a letter to your own attorney. But when the attorney does not return phone calls and you do not know why you can't reach him on the phone, send him a letter.

Ask the Phone Receptionist What is Going On

Ask the Phone Receptionist What is Going On#N#If you get a live person on the phone when you call the lawyer's office, ask that person why you cannot seem to talk to your lawyer. Maybe he is in the hospital or there is some other reason, and the receptionist may be able to tell you.

Request Your File - It Is Your Property

Request Your File - It Is Your Property#N#The file that the attorney has created and maintained on your case is actually your property. The attorney can keep a copy at his expense, but the original file and papers in it are property of the client.

If Nothing Else Works, Threaten to File a State Bar Grievance

If Nothing Else Works, Threaten to File a State Bar Grievance#N#A lawyer has a duty to communicate with his or her client. The failure to do so is professional misconduct. One of the functions of the State Bar is to investigate and punish professional misconduct by attorneys, based on Grievances filed by clients.

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 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 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 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.

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.

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