what if my attorney does not file charges i request them to

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Full Answer

What happens if a lawyer does not collect his legal fees?

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 can I do if my lawyer Won't give me my file?

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. Research. 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 …

What does it mean when no charges are filed?

Aug 11, 2021 · When legal representation goes wrong, injured accident victims may not know what to do or where to turn for help. As a legal client, you have rights and your attorney owes you a duty of care. If you believe that your attorney is not doing his or her job or if you have issues with your lawyer, you need to speak to our law firm immediately.

Will my attorney charge me for copying the documents in file?

Apr 10, 2015 · Your attorney should not charge you a fee for copying the documents in your file. This is a valid and necessary step; the attorney will need create a duplicate set that he or she retains for record-keeping reasons. Yo u may, however, have to pay shipping expenses. In addition, realize that the attorney does not have a legal right to hold files ...

How long does a prosecuting attorney have to file charges?

The prosecutor must present their evidence. Prosecutors generally file criminal charges within two to three days. Because prosecutors must file so quickly, the criminal charges can change significantly over time.Nov 18, 2021

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 I sue a lawyer for lying?

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.May 8, 2020

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 should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

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.

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

Do lawyers lie to their clients?

“As a general practice,'' said Green, “lawyers aren't supposed to lie. ... Answer: No, because although lawyers may not generally use deceit to gather evidence, lawyers and their agents may pretend to be ordinary customers in order to gather evidence of ongoing wrongdoing.

Prosecuting Attorneys Make Charging Decisions on Their Schedule, Not Yours.

The decision to file a charge is always the decision of the local city, county or state prosecuting attorney and every one of these offices makes c...

Cases Can Be Filed Anytime within The Statute of Limitations of Each Crime.

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitati...

So You Are saying, “I Could Have to Wait For A Year Or More?”

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being...

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 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 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:

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.

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.

What to do if you don't pay a bill?

If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.

What are the rights of a lawyer?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.

Why is it so hard to win a malpractice case?

It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.

Can you settle a case without a lawyer?

Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.

What are the causes of malpractice?

These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.

Can you file a malpractice claim against a lawyer?

While it may be upsetting to not get the compensation you thought you deserved based on your attorney’s comments, you cannot file a malpractice claim against this fallacy. You can, however, get your file from the lawyer and get a second opinion on your case.

What is factual work product?

As a client, you're absolutely entitled to factual work product concerning your case, such as deposition testimony, correspondence, and court filings . These materials are crucial to getting your new lawyer up to speed on a case. For example, if you are in the midst of litigation but trial has not yet occurred, you will want all discovery, motions filed, and documents produced by the other side.

Do you have to hand over documents to an attorney?

Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.

What does it mean when a case does not get filed?

The fact that a particular case did not get filed quickly does not mean that someone will not be charged with a crime, though this is possible. It is also equally possible that the prosecuting attorney did not see your case as a priority and is getting to it.

How long can you file a criminal charge in Washington?

Almost every kind of criminal charge in Washington has a limited time in which charges can be filed. This concept is called the Statute of Limitations and there are only 6 serious crimes that do not have such a time limit (murder being one of them which is why you hear of charges being filed 30 years later). The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute. So, technically, prosecutors have until the end of this time period to file; however, there are motions that can be filed to dismiss charges if the delay was unfair and prejudicial to the defendant. Also read the statute carefully, this period of time does “not run during any time when the person charged is not usually and publicly resident within this state”.

What is the charge based on?

There are things you can do in the investigation stage of a case to help, but a charging decision is based on (1) the facts the prosecutor has (2) is there any immediate need to file and (3) the statute of limitations of the crime.

How long is the statute of limitations for a misdemeanor?

The statute of limitations varies from 1 year for misdemeanors, 2 years for gross misdemeanors or longer depending on the type of felony alleged. If you know the particular crime you may be charged with, you can look this up in this statute.

How long does it take to file a criminal case?

Technically, yes, this is the answer most criminal defense lawyers | attorneys will give you; however, in practice, we see lower level crimes being filed within 2-6 weeks with a few going at as far as 3 months and even out to 12 months plus, in a couple of unique circumstances (sometimes prosecuting attorney offices hold off on filing charges on a large number of cases because they are waiting on the outcome of a pending appeal). With serious felonies, it really depends on the facts and a consultation is necessary. We have seen charges happen within a month, or we have seen charging decisions linger as long as 1-2 years depending on the evidence and scope of the investigation. As part of our representation and investigation of cases, we touch base with the investigating detective to get an idea of how long they expect to take to finish their reports and/or process the evidence. This often gives us an idea of when the file will make it to a senior prosecuting attorney’s desk for a charging decision. Officers take vacations, sick leave happens; but, based on experience, we get a a rough idea of what is going on.

What is Robert Rhodes' background?

With a successful background in law, courtrooms, wrestling, rugby and jujitsu, Robert Rhodes’s nature is well-suited for argument and litigation. Mr. Rhodes knows how to talk clearly and directly to his clients, adversaries and to the Court. His common sense, straight talk and experience put his clients immediately at ease. Mr. Rhodes does not do anything half way and you will sense this when you meet him. Read more >>

What is hourly hiring?

Hourly is a mobile-first recruiting platform, designed to help organizations engage and hire hourly workers faster. We've streamlined the entire hiring process into a single conversation on a mobile device - hourly job seekers can explore, apply, qualify and self-schedule an interview in just minutes - and then prepare for their interview and accept an offer all in the same experience.

What is Chapter 52 of the Placement Strategy Handbook?

Chapter 52 in The Placement Strategy Handbook is entitled “How to Select an Attorney.” Still, we receive many calls from placers ranging from inquiries to insurrection about the way an attorney is handling a case. This doesn’t mean the clients are right. But it does mean the attorney-client relationship has been damaged.

Do lawyers have egos?

So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.

Is litigation a complicated process?

Litigation is a slow, complicated, unpredictable, expensive process. To the extent your lawyer can expedite, simplify, win, and reduce the fees, he’s the one for you . I hope you don’ t need to get the attention of your attorney. But if you do, this should help. Good luck!

Do you have to write a Gettysburg address?

You don’t have to write the Gettysburg Address. Just confirm the status of the case, fee or whatever else was discussed. State the next step that must be done, who is going to do it, and when it will be completed.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

How to dismiss a case?

The prosecuting attorney has the discretion to dismiss the case. However, it is unusual for a prosecuting attorney to be persuaded to dismiss their case. The only thing that may convince a prosecutor to dismiss the case is one of the following conditions: 1 The prosecuting attorney is satisfied that their evidence is unreliable. 2 It is impossible for the state to prove one of the elements of the charge. 3 There is a plea agreement in which the defendant pleads guilty to some charges and the prosecutor dismisses the rest. 4 There is an agreement in which the defendant will do something, such as take a class, and provide proof in exchange for a dismissal.

What is a plea agreement?

There is a plea agreement in which the defendant pleads guilty to some charges and the prosecutor dismisses the rest. There is an agreement in which the defendant will do something, such as take a class, and provide proof in exchange for a dismissal.

Can a prosecutor dismiss a case?

The prosecuting attorney has the discretion to dismiss the case. However, it is unusual for a prosecuting attorney to be persuaded to dismiss their case. The only thing that may convince a prosecutor to dismiss the case is one of the following conditions: The prosecuting attorney is satisfied that their evidence is unreliable.

Can a reluctant witness drop charges?

While a reluctant witness may not be able to get the state to drop charges , there are other effects they can have on a case. The prosecuting attorney will often consider witness reluctance when deciding whether to take a case to trial, plead it out, or dismiss it.

Can an alleged victim drop charges?

The myth that an alleged victim can “drop the charges” probably stems from crime dramas. The plot twist occurs when the victim “drops the charges” on the day of court. In Idaho, it is not the alleged victim that files the charges. Consequently, it is not the “victim” that “drops the charges.”.

What is the ethical obligation of a lawyer?

A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.

When are court records open?

August 9, 2019 at 7:24 pm. Court records are generally open to the public. You can go to the court where your case was filed (usually, the county where the accident occurred or where the defendant lives) and request to see the court file (go to the clerk’s office in the courthouse).

What is a notice of withdrawal?

This letter will prompt the attorney to file a notice of withdrawal with the court. In most states, the notice of withdrawal must include the client’s address. That way, the court, opposing attorneys, etc. will send the client any important paperwork/notices rather than sending them to the attorney.