what are my options if i don't trust my attorney

Your attorney will be paid for his or her work anyway. They will put a lien on your case so no matter who takes it will be forced to pay them a share. But you do retain the right to get a second opinion, and if you do not trust your attorney, you probably should seek that second opinion and consult a different attorney.

Full Answer

What to do if your lawyer does not do what you want?

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.

What to do if your lawyer stole from you?

May 30, 2017 · Trusting Your Attorney to Be Truthful With You. Your attorney must disclose important information to you because of the duty of candor. Your attorney must explain the pros and cons of any recommended course of action. They also must tell you about other reasonable options. If the other side makes a settlement offer or demand, your attorney has to tell you the …

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

Jul 24, 2016 · However, after you get a positive commitment from the other counsel, you can go through the termination process with the lawyer you don’t trust. The official termination will be a written communication that explains you are firing them as your lawyer. Issues with Retainer Fees

Should I dump my bad lawyer?

Oct 15, 2011 · Also, pay whatever you owe your attorney. I'm sure you expect your paycheck after working for your employer. If you don't have all the $ you owe her make payments. Everybody works harder when they are getting paid. Everybody thinks attorneys are supposed to be noble creatures and advocate zealously for clients and we do. But don't think for a ...

What do I do if I don't like my lawyer?

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.

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

How do you know if you have a bad lawyer?

Unprofessional or unethical behavior can include: Arriving late or failing to show up for important meetings, or missing court dates. Making decisions of importance about your case without discussing it with you first. Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.Aug 19, 2020

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can you sue an attorney in California?

When you seek the legal advice of an attorney, you are owed a duty of care. If your attorney failed to render the services agreed upon, you have the legal right to file a lawsuit against your attorney.

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 you negotiate with a lawyer?

How to Negotiate With an AttorneyResearch First. Start by getting a basic understanding of the different ways that lawyers can charge you. ... Consider a Flat Fee. ... Consider an Hourly Fee. ... Consider a Contingency Fee. ... Ask for Fees in Writing. ... Cut the Extras. ... Look Outside Your Area. ... Explore Your Options and Find a Cheaper Attorney.More items...•Sep 16, 2021

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

How do you know when an attorney is lying?

How do you know a lawyer is lying?They tell you that they are known as the “best” at what they do. ... They guarantee you will win. ... They “specialize” in whatever your problem is. ... They call themselves a “father's rights” or “mother's rights” attorney in a custody case.More items...•Jun 16, 2010

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 happens if you don't trust your divorce lawyer?

If your lack of confidence and trust in your divorce lawyer is significant, or if it persists, you simply should not maintain a professional relationship with that individual. If the lack of confidence in your attorney becomes so profound or constant, the situation will end up having a negative impact on your case.

How to avoid being accusatory?

Try to avoid be accusatory when you do meet with your lawyer. You need to be honest and direct. However, you do not need to be confrontational. Do not make an immediate decision about taking further action directly after the meeting. Take or two to ponder the matter at hand.

Why do attorneys have to disclose information?

Your attorney must disclose important information to you because of the duty of candor. Your attorney must explain the pros and cons of any recommended course of action. They also must tell you about other reasonable options. If the other side makes a settlement offer or demand, your attorney has to tell you the terms immediately. Also, if your attorney obtains other facts or information that would be important, they have to disclose those facts to you. Your attorney may never lie to you about your case.

What is fiduciary duty?

They may not engage in self-dealing or misappropriate client funds. There are many breaches of fiduciary duty that all involve somehow working against the client, or neglecting to do the right thing. Acting as a fiduciary requires a very high standard of behavior. This provides a very strong layer of protection precisely so that people can feel safe trusting their attorneys.

Can an attorney work for both sides?

Unlike real estate agents, attorneys can never work for both sides. If they do so intentionally, they would almost surely be disbarred! We all have the duty of highest loyalty to our client. That said, attorneys can cooperate with the other side to get things done. Your attorney just can’t work against you or give away your advantages. Don’t let common courtesy and fair play destroy your trust in your attorney. For example, granting the other side an extension because they were on vacation is normal.

Vincent Barney Garcia

Have a face to face discussion with the attorney. Look her in the eye and explain your feelings. Perhaps she was having a bad day when you last spoke to her. She probably was also considering other issues. You just don't know. The attorney will not be offended. Also, pay whatever you owe your attorney.

David L. Carrier

You need full confidence in your attorney before you step into court... get that confidence or get a new attorney by meeting face to face and honestly discussing these issues.

Steven J. Fromm

It is unethical for attorney at this forum to comment about another attorney retained. You need to address your concerns directly with this attorney in a face to face meeting.#N#Hope this helps. If you like this answer and have a Google account , please hit the...

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 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 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 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:

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.

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.

Can you trust your attorney? Don't miss these red flags

An incompetent or corrupt attorney can ruin your case. I got a call the other day from someone looking for an expert witness for a legal malpractice case. It was a somewhat unusual call. Their attorney should be the one finding people who can review the case and testify as a witness. If they are asking their client to do this, it’s a red flag.

Meet The Blogger

I am a lawyer who talks like a regular person. I provide direct, honest advice, and if needed, I will recommend a lawyer to you.

Clifford Horwitz

You should meet face-to-face with your attorney to discuss these matters.

Bryce Patrick McPartland

A lack of trust in an attorney-client relationship isn't significantly different than a lack of trust in a marriage...it has virtually no chance of working out in the long term, and in the short term will only breed animosity and anger. Very often this is for want of effective communication...

Lars A. Lundeen

I don't think you have mentioned anything that appears to be unethical or illegal. I do suggest that you contact your attorney and request a face-to-face meeting concerning the status of your case. In particular, tell them about your interest in learning about your PIP payments etc.

John Michael Phillips

I agree with the other lawyers here about (1) consulting and confronting your lawyer about your issues and then (2) seeking other counsel.#N#The misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy...

Jason M. Melton

You should call and make an appointment with your lawyer - trust is the most important part of your relationship with your lawyer.#N#That said, nothing in your post sounds unethical, it just sounds like you guys could do a better job communicating.

Richard A. Alexander

Have a face to face meeting with your attorney without exceptions. It has been my experience that a lot of clients forget that the attorney works FOR the client, not the other way around.#N#Good luck,#N#Richard Alexander

Clifford M. Miller

Talk to your lawyer and read my answer to a very similar question just posted.