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.
The most common complaint we hear is that lawyers do not return phone calls promptly and communication is lacking. The lawyer also has the responsibility to communicate fully with the client. If you are not happy with the way things are going, or the way your attorney is handling your case, ask about it. Talk about how you want the case handled, or admit to your self, “I’m …
The lawyer also has the responsibility to communicate fully with the client. If you are not happy with the way things are going, or the way your attorney is handling your case, ask about it. Talk about how you want the case handled, or admit to your self, “ I’m not happy with my lawyer .”.
We suggest taking these three steps: 1 Talk to your current attorney about your concerns. Discuss some ways the lawyer can better meet your needs (but make sure your expectations are realistic as well). 2 Give your lawyer time to show improvement (while still keeping in mind that you only have a certain amount of time to file your claim). 3 If the lawyer improves, great! If not, consider calling other attorneys to get a second opinion on your claim.
First of all, you’re absolutely correct in thinking that your attorney should do everything he can for you. He is not only ethically obligated, he is legally required to. The Oregon Rules of Professional Conduct (ORPC) states simply – and that’s rare in legal documents – that “ [a] lawyer shall not neglect a legal matter entrusted to the lawyer.”
The client also has the right to speak with another attorney at any time. While we try to communicate with our clients on a regular basis, not all attorneys have such a policy.
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.
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.
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.
I suggest she offer two leads if she's feeling generous. It can take the potential bite out of rejection because it communicates that she does want Bill to be successful, even if she can't be the one to directly help him at this moment. This can also be a diplomatic way to fire a client.
By saying "no," Jennifer is acting competitively because she is protecting her most scarce resource: her time. Refer them to someone else. Pairing a decline with additional leads is a great tactic because it subtly communicates support. I suggest she offer two leads if she's feeling generous.
That's power that Jennifer is overlooking. Bill values Jennifer's opinion and sees her as an influencer of other women professionals, and that can be very flattering. It also confers authority, and I remind Jennifer that it is in her best interest to protect her reputation as an influencer.
Logically, it would not make sense for the requester to be angry with Jennifer. This is the subtle cultural tension that the Saturday Night Live skit points to. Women (and yes, some men) need to remember that it does not make sense for anger to be the response when you tell someone "no.".
Though Bill wants to help women, he doesn't mention any women leaders in the promotional material, aside from a mention of a sexual harassment case. The more Jennifer reads, the less she can see herself as a woman leader wanting to take Bill's course.
You don't actually owe the requester anything.
If you can’t reach your lawyer you should be able to reach the office or another staff member who can set up an appointment with you or a good time to reach them . Keep in mind that missed phone calls happen to the best of us, but your lawyer should never ignore you.
Unethical/Illegal Behavior. Although some lawyers may have bad habits such as lack of communication, one of the biggest signs of a lawyer is if they practice unethically or even illegally. As important as it is to win your case, your lawyer should never do so by breaking the law or lying and he is a bad lawyer.
If you lawyer is overbilling you, they could be inflating a task time, also know as “padding time”.
To avoid this in the future, ask your lawyer how the best way to reach them is during the consultation. This way you’ll know if they prefer email over phone calls and you can avoid any miscommunication.
One of the biggest parts about being a lawyer is convincing the jury to go in your favor. If your attorney isn’t enthusiastic about your case or seems unsure, that should raise some red flags.
Whether it’s a divorce case or a personal injury case, showing no compassion or empathy is a definite sign of a bad lawyer.
The bottom line is, lawyer’s aren’t cheap. You’re not only paying them to help you with a case, but to communicate and give you their best service. If your lawyer isn’t communicating, you might consider switching to a new attorney.
If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.
If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.
Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.
This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.
Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy.
The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.
If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.
Don't say: You don't understand me. Say: Perhaps I'm not making myself clear. Don't say: You didn't explain this point. Say: I didn't understand this point. Don't say: You need to give us a better price. Say: We're looking for a better price. So, those are our 5 pieces of advice for being polite and diplomatic.
Follow these tips and you should make the right impression when you talk to people. 1. Listen and be understanding. If you show other people that you are listening to them, and that you understand them, they will be more willing to listen to you and accept your opinion. Don't just say "I disagree ", show them that you are listening and ...
This word can be used in many ways: to interrupt, to apologise, to show you don't understand, to disagree. It diffuses tension and it allows you to start a statement more comfortably.
People react to positive sounding words, even if they are used with a negative auxiliary.
A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.
As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.
Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.
The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers:
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.
You call them up and tell them that you don't want them to represent you anymore. Or you can put it in an email. Expect to have to pay them for any work they've already done for you.
Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
If u dont want to quote the reason just say that i have hired another lawyer who is more suitable for me . If he is a good lawyer he would not object and would say u good bye..
If you don't have a contract you can simply give your lawyer a written notice that you no longer wish to use them . Make sure you keep a copy and have already hired another lawyer to handle your case. You don't need to be in the middle of a court case and not have a lawyer.
Get your file. 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.
Just tell them. If there is pending litigation, ask them to file the necessary documents to withdraw and indicate your willingness to sign a stipulation for that withdrawal (because otherwise they have to file a motion that requires a minimum amount of notice and they are your attorney of record until that motion is granted regardless of whether you want that to be the case).