if you feel an attorney took advantage of you what can you do?

What are the qualities of a good lawyer?

Feb 09, 2015 · Any client should only pay for the work done and there would be little risk in approaching the first attorney asking for a fee reimbursement if you feel that you did not get any/much work done. There is no harm in seeking an attorney for legal malpractice but the sums involved ($4,000) probably make that effort non-economical.

What to do if your lawyer takes money from you?

If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund, or client assistance fund. The state or local bar association or the state disciplinary board …

Do I need a lawyer to take legal advice?

Jun 12, 2015 · However, if an attorney is unintentionally taking advantage of you, it may be beneficial for you to take your case elsewhere. Attorneys are bound by law to advocate for their clients. However, not every attorney’s approach translates into effective advocacy. If an attorney seems overly confident, this is not generally a good sign.

How to choose the right lawyer for You?

Sep 04, 2014 · Probate Attorney in Philadelphia, PA. Reveal number. tel: (215) 515-5037. Private message. Call. Message. Profile. Posted on Sep 4, 2014. It is like asking if your auto mechanic is taking advantage of you if you don't know how your car works.

How do you tell if your lawyer is taking advantage of you?

In California, visit www.calbar.org, in the Attorney Search box just type in the lawyer's name and you'll find out the status of their license to practice law, as well as any disciplinary action taken against them.Nov 28, 2015

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 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 ...

What do you do when you disagree with your lawyer?

If you do not agree with your lawyer's advice, let them know, and listen to their explanation. If you aren't satisfied with the answers, ask another lawyer for a second opinion. You may also consider hiring another lawyer, although that may delay the resolution of your case.

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Who or what regulates attorneys in California?

The State Bar of California'sThe State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What is an ethical violation?

Ethical Violations means cheating (including but not limited to self-kibitzing, collusive signaling and illicitly obtaining information about another party's hand through other means (such as hacking)) and such other ethical violations as may, from time to time, be promulgated by the USBF.

What is misconduct law?

In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends.

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

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•Jun 22, 2018

Is it normal to not hear from your lawyer?

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.Oct 25, 2018

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What happens if your lawyer doesn't communicate?

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.

Can a lawyer write a will?

For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

Vance Tate Davis

I agree with the other responses and this is an issue you really should discuss with the attorney who billed you.

Peter L. Klenk

It is like asking if your auto mechanic is taking advantage of you if you don't know how your car works. Sometimes it is just complicated, and you have to understand that unless you take a great deal of time to understand all the information and the law you will not ever know.

Steven M Zelinger

You have to ask questions, and you should also be kept informed about the case and receive copies of documents that go back and forth - that is pretty basic but make sure it is happening.

William J Popovich

An attorney has to read the legal arguments in the other attorney's brief, which cites cases. He then has to examine those cases to see whether they really support the arguments of the other counsel, and find other cases that support your side. That is work, and it is legal research.

Why do lawyers exist?

Lawyers exist for 1 reason, to profit from STUPIDITY. Think of every dollar that you spent for legal representation and the stupid factor involved. In this capitalist society, there is always someone to gain from ones unfortunate cirmcumstances no matter how tainted with stupidity they may be.

How much is contingency fee?

Contingency fee arrangements usually are 30% to 40% and they often increase the longer the matter goes on. For example, if the matter settles prior to questioning or deposition the lawyer may take 25% and this will go up to 35% the second questioning is completed.

Can a lawyer work on contingency?

Furthermore, getting a lawyer to work on contingency is about as close to getting someone to work for free as you can get because the lawyer is carrying the risk that he/she might not get anything if there is no victory. If you don’t like that arrangement then don’t go on contingency pay the hourly rate.

What to do if your lawyer is overcharging you?

If you suspect that your lawyer is overcharging you, you should first speak to your lawyer about it. The lawyer may be able to address your concerns such that you do not need to spend further time, energy or money pursuing the matter.

Why do lawyers charge hourly?

More complex matters such as litigation will usually be charged on an hourly basis. This is because it can be difficult to estimate the effort and time taken to represent a client in a complicated and lengthy trial. In some cases, lawyers may charge an hourly rate, subject to a fee cap.

What is professional fee?

Professional fees are fees charged by a lawyer for providing professional legal services, and they can be structured as flat fees or hourly fees. Simple and routine work such as drafting a will or facilitating property transactions is usually charged on the basis of a flat fee.

How many bodies review a complaint?

The complaint will be reviewed by 2 bodies that are separate and independent from the Law Society. The Review Committee will first determine if your complaint has merit, and where appropriate, will refer it to the Inquiry Committee (IC) for investigation.

Why is CDR important?

The CDR scheme is an attractive dispute resolution method because its objective is to resolve the dispute amicably, and as swiftly and cost-effectively as possible.

Is a lawyer's fee fair?

As mentioned above, the lawyer fees charged must be fair and reasonable. It is important to bear in mind that each set of circumstances is unique. Therefore, whether the fees are fair and reasonable is judged based on several factors which differ depending on whether the fees relate to a contentious or non-contentious matter.

What is an itemised bill?

The itemised bill will record the amount of time that has been expended on doing research for your case, communicating with you or third-parties, and representing you in court. In some cases, after looking at the itemised bill, you may conclude that the total lawyer fees charged are reasonable.

What to do if your attorney is not doing a good job?

One of the best things that you can do if you feel that your attorney is not doing a good job is to get another law firm to look at your situation. These second opinions do not have to cost very much as it will probably only last an hour or two.

What to do if your attorney is not cooperating?

If your attorney is not cooperating, you can go to the courthouse to see copies of all documents that have been filed relating to your case. Lastly, you may have to sue your former attorney in order to get your case file back.

What is the best way to fight legal malpractice?

Consider Mediation . One common method that many people are turning to instead of legal malpractice claims is mediation. Mediation is something both you and your lawyer may benefit from, and could even lead to a better attorney-client relationship.

Is it frustrating to have an attorney not doing their job?

It can be discouraging and frustrating when you feel that your attorney is not doing their best job on your case . This article lays out some of the most common problems that clients have with legal professionals and suggests some ways of handling legal malpractice claims.

What happens if everything fails?

If everything has failed and you still cannot get your attorney to respond to you in a timely fashion, you may have to fire your lawyer and find a new one.

Can an attorney complain about a lawyer?

However, you may not want to go to the state bar to complain about your attorney just yet.

What are the rules of legal ethics?

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.

What happens if you don't find out the wrongdoing until after the deceased person dies?

What if you do not discover the wrongdoing until after the Loved One has died? In many cases, particularly if you are a beneficiary or an heir of the deceased Loved One, you may have standing to file a lawsuit against the Bad Actor for undue influence of the deceased Loved One while the Loved One was alive. Undue influence is generally proved by a number of facts, each one of which standing alone might be of little weight, but when taken together may indicate undue influence. North Carolina Courts typically consider the following factors when evaluating whether undue influence occurred:

Can a bad actor sue for breach of fiduciary duty?

Filing a Lawsuit and reporting the Crime. In addition to revoking the power of attorney, the Loved One ( if competent), or a Guardian, can file a lawsuit against the Bad Actor for breach of fiduciary duty for violating or exceeding the authority given under the power of attorney .

Can a bad actor revoke a power of attorney?

If the person taking advantage of the elderly person — referred to as the “Bad Actor” — is acting under a power of attorney that the Loved One executed in favor of the Bad Actor, the Loved One can revoke that power attorney, as long as the Loved One is legally competent to do so.