what to do when youre unhappy with your lawyer

by Kyleigh Welch 7 min read

  • Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
  • Get your file. If you can't find out what has (and has not) been done, you need to get hold of your file. ...
  • Research. 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 ...
  • Get a second opinion. If you've got serious doubts about how your case is being handled, see a second attorney. ...
  • Fire your lawyer. It's your absolute right to fire your lawyer at any time for any reason. ...
  • Sue for malpractice. 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.

If you think your attorney has acted unethically
You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

Full Answer

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

First, talk with your lawyer. 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 is not working on You?

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 …

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

Mar 01, 2022 · If a client is unhappy with the lawyer ’ s behave in the casing, whether in court or out of court, a client may wish to file a complaint about the lawyer with our governing body, the Law Society of Ontario ( once the Law Society of Upper Canada ).

What do I do if my lawyer is unresponsive?

Apr 30, 2021 · If a client is unhappy with the lawyer’s conduct in the case, whether in court or out of court, a client may wish to file a complaint about …

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What can I do if Im not satisfied with my lawyer?

Yes. 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.Jun 7, 2018

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.

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

Can I change lawyers if I'm unhappy with the one representing me?

You have a legal right to fire or change your lawyer if you are unhappy how he or she is handling your case.

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 do I file a complaint against a public defender?

For federal attorneys, complaints about prosecutors must be made to the Office of Professional Responsibility. Complaints about public defenders must be made to the attorney's supervisor or the court. Apart from seeking to have the attorney disciplined, the person may appeal the decision of the court.Apr 6, 2004

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

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

How often should I hear from my attorney?

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

How do I fire my attorney?

If you decide to fire your lawyer, the best way to do it is in writing either via email, mail, or text. Your termination notice should let the lawyer know the reason for the decision and should also give instruction as to where to send a copy of your file.Aug 10, 2021

Can I sue a lawyer for lying?

The rules of legal ethics in most states require attorneys to be honest and to be able to do their job at a certain level of competence. If you feel that your legal representative has lied or misled you, or is performing their duties at a level below that of a competent attorney, you may want to file a lawsuit.May 8, 2020

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 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 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 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 are the duties of a lawyer?

In relation to their clients, lawyers are required to: 1 act in a client’s best interests; 2 provide clear and timely advice to assist their clients; 3 follow a client’s lawful, proper and competent instructions; 4 avoid any conflict of interests; 5 maintain client’s confidentiality; and 6 disclose all changes regarding costs to the client.

What is the WA legal profession?

The Legal Profession Complaints Committee has statutory responsibility under the Legal Profession Act 2008 (WA) for supervising the conduct of all legal practitioners in Western Australia. The Committee ensures ethical conduct and professional behaviour within the legal profession. This includes receiving all complaints ...

What is fiduciary relationship?

A fiduciary relationship creates many legal duties for the person in whom the trust has been placed. Generally this person must act in the best interests of the other. However, a lawyer’s duty to the Court is paramount and prevails to the extent of inconsistency with any other duty. In relation to their clients, lawyers are required to:

Do lawyers have to disclose costs?

In relation to their clients, lawyers are required to: disclose all changes regarding costs to the client. If a private lawyer thinks you are likely to be eligible for legal aid or a legal aid grant, they are required to advise you of this fact.

Communicate Your Concerns

Before you consider firing your lawyer and hiring another one, you should make an effort to resolve whatever issues you may have with your attorney. This means communicating with him or her and expressing your concerns. It may be that the circumstances that are causing your dissatisfaction are beyond the attorney’s control.

Consider the Consequences

If you cannot resolve your issues with your attorney on your own and wish to hire a different one, you will have to ask the court’s permission. However, the court may not necessarily grant permission if the process has already progressed too far.

Cut Ties Carefully

Before you fire your current attorney (assuming the court allows you to do so), you should find and hire a replacement criminal defense attorney in San Francisco, CA. This may seem awkward, but it prevents you from being stuck without any representation at all.

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