what can i do if my attorney makes promises he doesn't keep

by Mrs. Rhea Toy 4 min read

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.)

Full Answer

Can a lawyer promise to get me a result?

Jan 17, 2013 · This is a very very touchy area. You need to make sure that the attorney unequivocally promised you a result. Generally, attorney's cannot promise a result, and are violating ethics rules if they do. You would need to consult with a legal malpractice attorney to review the circumstances in order to really evaluate liablity.

What to do when your partner keeps making promises you don't want?

May 18, 2020 · But even common legal matters can become complex and stressful. A qualified litigation and appeals lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.

What happens when you don’t keep a promise?

Sep 25, 2011 · Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the …

What should I do if my lawyer violates my contract?

Aug 28, 2020 · Yes, you can sue your employer for false promises. Misleading statements can land an employer in court for negligent misrepresentation, fraudulent inducement, or other legal issues. You do not always need an employment contract to prove false promises. Sometimes, spoken statements, recruiting tactics, emails, meetings, or other messages can ...

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Is a promise legally binding?

When a Statement or Promise Becomes a Contract: Overview If one party makes a statement or a promise that causes another party to rely on that statement in such a way that he or she is financially injured by that reliance, then a court will enforce the statement or promise as if it was a completed contract.Feb 20, 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 to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021

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 you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

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.

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

How often should your lawyer update you?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

How long should it take for a lawyer to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

What is an ethical violation?

In a nutshell, an ethical violation is something that is - spoken, written, actioned - that violates a company's documented code of ethics, mission, vision, values, and culture. We also know that ethical violations laugh in the face of what is considered normal societal behaviour.Aug 14, 2015

What are examples of ethics violations?

Common ethical abuse examples include discrimination, harassment, improper use of company computers and unethical leadership. An ethical company code is important, but only if the leaders can live up to it.

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.

What happens if a lawyer does not fulfill his or her obligations?

If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior. Therefore, it is important for clients to understand what their lawyers’ obligations are and what they can do if those obligations are not met.

What is the responsibility of an attorney?

An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.

What is the ABA model?

The American Bar Association (ABA) has set forth Model Rules of Professional Responsibility. Since many states use the ABA’s model rules to fashion their own professional rules for attorneys, the information used in this article is based on the ABA’s model rules. It is important to check with your state’s attorney regulatory board ...

John S. Fason

Yes, you can get your money back. I agree with the two previous answers by other lawyers. In addition, you can file a grievance with the state bar. You can also file in small claims court. Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls...

Stewart Andrew Sutton

Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer. Your lawyer breached his contractual obigation to diigently and competently render legal services.

Cynthia Russell Henley

Send the lawyer a certified letter outlining the agreement, the efforts to contact the office (noting no return contact), the promise to file within 2 weeks, and that based on the failure to do the work as promised and the ethical violation of no communication, you no longer want the lawyer to work on the case and you expect a full refund (or you will seek the assistance of the State Bar of Texas.) Give the....

What does an employment lawyer do?

An attorney that focuses on employment law will know the specific laws in your jurisdiction and review your situation. They can explain your case's strengths and weaknesses, the potential relief available to you, and the likely outcome of your case. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What does it mean to be an at will employee?

Being an at-will employee means you do not have specific guidelines for when your job can end in your employment contract. Employees are presumed to be at-will in all states except for Montana. This allows your employer to fire you or change the job role, working conditions, or terms of employment at almost any time.

What is damage in a job?

Damages are the money you lost by acting on the promise, such as taking a new job or staying in your current position. If an employer claims you'll make $100,000 more by switching jobs, but they limit your sales territory in the new role, you could sue for the amount of money you lost.

Can you record a meeting without consent?

Having a record of the meetings, emails, promises, phone calls, messages, letters, etc. can go a long way in court to prove your case. Keep in mind each state has laws on recording conversations without one or both party's consent.

What is the meaning of "misrepresentation"?

The employer's intention. The misrepresentation (whether written or verbal) How the promises made you decide to take or leave a job. How you relied on the false promises. The amount of damages you suffered (that can be calculated, like losing a certain amount of money or moving your family across the country)

Can you make a claim for fraudulent inducement of employment?

You can make a legal claim for "fraudulent inducement of employment" if the employer has defrauded you into staying at a job or taking a new job or position. As long as the change is based on the employer's false statements, you have a claim.

What happens if an attorney is unprofessional?

Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences. Unprofessional or unethical behavior can include: 1 Arriving late or failing to show up for important meetings, or missing court dates 2 Making decisions of importance about your case without discussing it with you first 3 Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court 4 Refusing to return your calls or messages within a reasonable timeframe 5 Knowing there is a conflict of interest in your case, but proceeding despite the ethical problem

What to do if you are not receiving child support?

If you are battling for the custody of your children’s custody or struggling because you are not receiving child support, you need an attorney who will keep you apprised of every step of the process. If you continuously struggle to contact your lawyer, and they often do not return phone calls and messages , it is a bad sign.

What is unethical behavior?

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.

Can a good attorney promise a specific result?

The legal system is made up of many moving parts, and though a good attorney can offer you a reasonable idea of what to expect, no one can promise a specific result. If your attorney is coming off like a used car salesman, be wary.

What does it mean when an attorney starts at the bottom?

In the legal arena, attorneys start at the bottom and work their way up. If there is a lack of professional respect for your attorney, whether it is former clients, in the courtroom, or with their peers, it should be a red flag.

What does it mean to find a lawyer?

Most of the time, finding a lawyer means there is a significant stressor in your life. Making important decisions like which attorney to use, while already under stress, can seem impossible. Hopefully, this guide will make the process somewhat less daunting.

Do lawyers make money?

Your attorney needs to make money, and billing for their services is how they earn a living. While it can seem expensive to hire a lawyer, clients often are not aware of the overhead and behind-the-scenes work that goes into their cases. However, there is no excuse for unclear billing practices where you are slammed with unexpected legal costs.

What happens if you don't keep your promise?

When you don’t keep your promise, you communicate that the other person isn’t valuable to you and isn’t a priority, which damages your relationship, advises Glelan. When you keep your promises, you demonstrate to yourself that your word has value and that you respect yourself.

Why do we keep our promises?

You keep your promises because you feel your honor is at stake and it’s the right thing to do. You keep your promises because it encourages trust and future cooperation with the person you made the promise to. When promises aren’t kept, trust is broken and the relationship can be damaged.

1. Ask yourself if the promise was realistic – should they have made it?

The first step, as should be the case with everything in life, is to take some time out for a little reflection.

3. Ask yourself how important the promise was to you

Is the fact that they’ve broken this promise just a little bit annoying and frustrating, or are you genuinely hurt by the fact they’ve broken it?

5. Have an honest conversation with them

After reflecting on these things, it’s time to have an honest conversation with your partner about how their empty promises are affecting your relationship.

6. Set a good example

One of the very best ways to prevent your partner from making empty promises to you is to make sure you never make them yourself.

Why do guys hit up their exes?

However, there are some guys who will hit up their exes because they like to keep them as an option in case something goes wrong in their current relationship. Chances are that the guy you’re dating will talk to his ex at some point, and if they’re just having a casual conversation, you don’t have to stress.

Why do guys stay friends with girls?

On the other hand, some guys only stay friends with girls because they’re hoping that eventually, it could lead to a fling or even a steady relationship. If your guy friends fall into the second category, you will figure it out pretty quickly by the way they act if you start dating someone else.

Can you tell your boyfriend you can't stand his mom?

This is simply untrue for any relationship or friendship. Every single person has boundaries. There’s a good chance that your boyfriend has reassured you that you can tell him absolutely anything, and you may have even told him the same thing in return. But unfortunately, this is probably not true. If you told your boyfriend that you couldn’t stand his mom, never wanted to be around his family, and found his siblings embarrassing, we’re going to guess that he would judge those statements very negatively. As he should! The truth is that no one is completely non-judgmental. Just because your boyfriend promises you this doesn’t mean you should mouth off about things that could easily hurt him. Have a little tact and know when to hold back.

Can you get jealous of your ex?

It is only natural to get a little jealous over an ex every once in a while. It doesn’t have to ruin your relationship, but you do have to learn how to handle it. A guy may promise you that he will never get jealous over your ex, but at some point, he definitely will.

Can a boyfriend hide things?

But establishing trust in the beginning of a relationship is very important, and because of this, some people will go a little too far when it comes to making promises they simply can’t keep. Yes, there will be times when your boyfriend chooses to hide some things that are going on in his life.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

What is non-compete agreement?

These agreements generally stipulate employees can't work for a competitor for a certain period of time after leaving a company.

Can an employer ask about your age before you get hired?

Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can't use those factors in hiring decisions or even ask about them during the interview process. That means a job application can't ask for your age, marital status, religion or plans to become pregnant, among other things.

Is employee compensation a matter?

Employee compensation is no simple matter. "There is a massive body of law that governs how people are paid," explains Brian Weinthal, partner with the law firm Burke, Warren, Mackay & Serritella P.C. in Chicago.

What is the National Labor Relations Act?

The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

How much is the minimum wage?

While the federal minimum wage is currently $7.25 per hour, many states and even some cities have higher requirements. Employers can't get around paying the minimum wage by paying with tips or commissions either. "You can't have a commission standard that pays less than federal minimum wage," Weinthal says.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

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