what can i do if my attorney will not return my calls

by Wilhelmine Moen 3 min read

If you have an attorney that won’t call you back and not responding, call the office. Make an appointment. Go in and meet with them and if that doesn’t solve your problem, then get a different attorney on board and fire the first one. I’m Attorney Ben Schwartz. I hope that you found this video informative and helpful.

Lawyers: A Client's Manual by Joseph McGinn tells the steps to use if you've reached the point of no return:
  1. Tell your lawyer directly and give your reasons.
  2. Send your lawyer a letter of dismissal and retain a copy.
  3. Arrange to pay any outstanding charges.
  4. Pick up the file as soon as possible.
  5. Select another lawyer.
Jun 15, 2015

Full Answer

What happens if a lawyer does not return a phone call?

Aug 22, 2018 · If you call or send an email, you expect a response within a reasonable amount of time. But when failure to return calls or answer emails becomes the norm, you may wish to break ties and seek new representation. Evidence of a problem. Good communication is a cornerstone of a strong attorney-client relationship.

What to do if your lawyer has reached the point of No Return?

Nov 05, 2016 · You need to tell your attorney that you will seek new legal representation if your attorney does not rectify the communication situation immediately. In addition, you need to state that if the communication matter is not corrected, you will file a complaint with the bar association or attorney licensing authority, which ever organization or agency in your state …

How do I get my Lawyer to call me back?

The attorney can keep a copy at his expense, but the original file and papers in it are property of the client. If a lawyer will not return your phone call, then that may indicate that he is neglecting the legal matter that you have entrusted to him. If so, then you may want to retain another attorney. Any new attorney may wish to see the file. You can call on the phone and request …

What to do if your lawyer refuses to talk to you?

Aug 17, 2020 · If your lawyer is not returning your calls, you have several options: Try email: If nothing pressing is happening with your case, your attorney may be focusing on matters for his/her other clients. Try emailing your lawyer with your question.

image

What does it mean when your lawyer won't call you back?

This is how the practice of law is supposed to work. So often when a lawyer does not return your call for a few days it may simply mean your lawyer is busy getting some important work done in your case or in another client's case. There is nothing going on with your case.May 9, 2018

What do you do if your lawyer doesn't respond?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018

Is it normal for lawyers to not respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

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

How long should I wait for my attorney 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 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 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

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.

Why do attorneys take so long to respond?

Your attorney may not be able to respond to you right away because they're dealing with another client's negotiations or trial. ... Your lawyer owes you responsive communication, even if you're not their only client. There's no excuse for an attorney who takes weeks to return calls or emails.Jul 29, 2020

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

Can I talk to another lawyer if I already have one?

Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018

How do you fire an attorney?

Firing Your Lawyer If you do decide to fire your lawyer, you should do so in writing. Your letter should set forth and document any conduct or reasons supporting your decision. It should also give instruction as to where he or she needs to send your file.Feb 26, 2021

Why is communication important in a lawyer?

Lack of communication is one of the leading reasons clients choose to seek a new lawyer. While lawyers are often busy attending court, meeting with other clients or preparing a case, persistently failing to return calls or emails can damage the relationship and case beyond repair.

What to do before terminating a relationship with an attorney?

Before terminating your relationship with your attorney, read your retainer agreement. The retainer agreement serves as a contract for services between you and your lawyer. It should clearly define the terms of your relationship and what happens if you chose to end it.

How to end a relationship with a lawyer?

To end the relationship, send a written letter, preferably certified with a return receipt requested. The letter should explain your concerns with the lawyer’s inattentive behavior and request a complete copy of your file.

What happens if your lawyer doesn't handle your case?

If your lawyer fails to handle your case competently, including intentionally ignoring you or by being too busy to work on your case, you may be able to take action through a legal malpractice suit. Poor communication alone is not grounds for a legal malpractice suit, but if your attorney stops working on your case altogether it could escalate to a malpractice suit.

You Need to Write Letters

You Need to Write Letters#N#I appreciate that phone calls are easier and that you shouldn't have to write a letter to your own attorney. But when the attorney does not return phone calls and you do not know why you can't reach him on the phone, send him a letter.

Ask the Phone Receptionist What is Going On

Ask the Phone Receptionist What is Going On#N#If you get a live person on the phone when you call the lawyer's office, ask that person why you cannot seem to talk to your lawyer. Maybe he is in the hospital or there is some other reason, and the receptionist may be able to tell you.

Request Your File - It Is Your Property

Request Your File - It Is Your Property#N#The file that the attorney has created and maintained on your case is actually your property. The attorney can keep a copy at his expense, but the original file and papers in it are property of the client.

If Nothing Else Works, Threaten to File a State Bar Grievance

If Nothing Else Works, Threaten to File a State Bar Grievance#N#A lawyer has a duty to communicate with his or her client. The failure to do so is professional misconduct. One of the functions of the State Bar is to investigate and punish professional misconduct by attorneys, based on Grievances filed by clients.

Why is My Lawyer Ignoring Me?

The American Bar Association (ABA) spells out clear rules pertaining to the communication between attorneys and their clients. Under these rules, lawyers must tell their clients promptly about any decision that requires their informed consent. Attorneys should also talk to clients about how best to accomplish the goals they are hoping for.

How Often Should I Hear from My Injury Attorney?

Every lawyer and law firm will handle how they communicate with clients differently. There is no hard and fast rule about how often any attorney should contact you about your case. Communication is a question that you should address during your initial consultation with the law firm.

How Often Should I Reach Out to My Personal Injury Lawyer?

Certainly, there are times when your lawyer should call you to provide updates on your case. However, there are also times you should contact your lawyer. This too, will vary depending on the specifics of your case, but you should call your attorney whenever:

Can I Fire My Attorney in Maryland?

Yes. You deserve a lawyer who is responsive and helpful. If that’s not happening, you absolutely have the right to end the representation.

Hiring the Right Maryland Personal Injury Attorney

Although you can change lawyers throughout your case, it’s not ideal to do so. Try to find the right personal injury attorney from the very beginning, as it will make the entire process much easier. Tips for finding the best lawyer for you include:

Hire a Maryland Personal Injury Lawyer Who Cares

Client trust is not something we take lightly at Trollinger Law. Attorney Matt Trollinger understands that you need to feel confident in the work that he does on your behalf. You can rely on our legal team to keep you updated on any progress in your case. We know how important compensation is to you.

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.

What Is A Disc Herniation?

Personal Injury Attorney Ben Schwartz answers a viewer's question, " What is a disc herniation?" https://youtu.be/flWzyNxUwaw Hi, I'm Ben Schwartz, I'm an attorney and we're going to answer a question today from Jake in Columbia, Maryland. Jake wrote in he said, “I was rear-ended in...

Negligent Security Case

Personal Injury Attorney Ben Schwartz gives an overview of a negligent security case. https://youtu.be/SVEfZ4Z8q1k Hi, I’m Attorney Ben Schwartz, Today I am going to give you a quick overview of a negligent security case. In my law firm, Schwartz and Schwartz our attorneys handle negligent...

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

What is lawyer time?

A lawyer’s time is considered an expense involving estate administration. In Washington, these expenses are prioritized ahead of any estate distributions to the beneficiaries. In other words, the beneficiaries may think their constant contact with ...

Who represents the estate in probate?

In a probate matter, the estate’s attorney generally represents the Personal Representative, in his or her fiduciary capacity. What does that really mean? That means that the lawyer works with the Personal Representative so long as that person is acting in the estate’s best interest.

Is a lawyer a fiduciary?

Since, again, the lawyer represents a fiduciary and must seek to act in the estate’s best interest, often it is in the estate’s best interest if the lawyer does not communicate excessively with the beneficiaries. Otherwise, one problematic beneficiary can unfairly reduce the other beneficiaries’ distributions.

image