What To Do When Your Lawyer Doesn’t Respond
1 Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. 2 Get your file. If you can't find out what has (and has not) been done, you need to get hold of your file. ... 3 Research. ... 4 Get a second opinion. ... 5 Fire your lawyer. ... 6 Sue for malpractice. ...
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.
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.
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.
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.
Bad news. Lawyers are people too, and your attorney may be avoiding you because there is a negative outcome to report. The negative outcome might even be your attorney’s fault if there was a missed deadline or other problem. Sometimes it’s your fault.
When you’re involved in a lawsuit, you feel the pressure constantly. Even when you don’t think about it directly, there is an undercurrent of tension as you wait for the resolution of your case. Criminal cases can often be resolved quickly, but civil suits often drag out for years.
The lawyer may be overworked, or may be sick or even passed away, the phone systems might not be working, or they might be overloaded with cases and heavy caseload. Nevertheless, your lawyer should take the time to speak to you regarding your legal matter.
Especially for civil litigation cases it is relatively simple to change your lawyer in most instances because the representation is performed on a contingency basis which means that you do not pay unless you win.
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.
Regrettably, even the most discerning clients can hire an attorney who simply will not call them back. It’s frustrating. As a general rule, give your lawyer 1-2 days to return your non-urgent phone call; very often, your lawyer may be out of the office for a half-day, whole day, or longer if he/she is in court. If your matter is urgent, try again in 2 hours and always ask if there is someone else in the office who might be able to help you in your lawyer’s absence.
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 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.
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.
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.
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:
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.
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.
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.
“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.
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.
Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.
The most frequent complaint made against lawyers in general, and divorce lawyers in particular, is their failure to respond to their client's phone calls or emails. Understandably, divorce clients are under a lot of emotional and, sometimes, financial pressure. They want to be reassured or, at least, hear the explanations that their attorneys may have concerning their concerns and/or complaints regarding their former spouse or other individuals. However, there is often a legitimate reason why your divorce attorney may not be immediately seeking you out after you have telephoned or emailed him or her. Those reasons may include:
You do not listen. With some people, it doesn't matter how many times something is explained to them; they continue to ask the same questions over and over. There are many reasons for this, including they do not like the earlier answers that they received from their divorce attorney. They think that if they repeat the question numerous times, at some point, the answer will change into something they want to hear. If you have been told the same answer a dozen times already, maybe it is because it really is the answer;
Your lawyer has issues. Surprisingly, few people do much research before hiring a divorce attorney. This lack of diligence works well for those attorneys with substance abuse issues, mental health problems, a poor work ethic, or other problems in their personal or professional lives. Statistics show that divorce lawyers suffer significantly from alcoholism, substance abuse, and depression than does the general population. In fact, lawyers suffer the highest rate of substance abuse of any profession. You may have hired a fantastic family law attorney, who is swamped with work, or you may have hired an alcoholic lawyer who is too inebriated to speak with you right now.