what to do if you are unhappy with your attorney

• Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
• Get your file. If you can't find out what has (and has not) been done, you need to get hold of your 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 ...
• Get a second opinion. If you've got serious doubts about how your case is being handled, see a second attorney. ...
• Fire your lawyer. It's your absolute right to fire your lawyer at any time for any reason. ...
• Sue for malpractice. 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.

Full Answer

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

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

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. However, my lawyer will not discuss them.

What should I do if my lawyer has mishandled my case?

If you have a case pending that your lawyer has mishandled, be sure to also protect your rights by taking steps to see that your case is now properly handled. My lawyer’s incompetence meant that I lost my case.

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.

What do I do if I'm not happy with my attorney?

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.

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.

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 you hear from your lawyer?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

How do you know if your lawyer is working for you?

Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.

Can lawyers lie to their clients?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

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.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

What is reasonable response time for a lawyer?

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.

Why do lawyers not call 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.

What to do if you are unhappy with your attorney?

If you are unhappy with the advice your attorney has given you, remember that you employed the attorney to obtain a professional opinion, not just to agree with you. You may, however, want to obtain a second opinion; always inform the second attorney of the purpose of the inquiry.

What to do if you are dissatisfied with your attorney?

If you are still dissatisfied after talking with your attorney, you have the right to discharge the attorney and obtain another. If you do hire another attorney, you should tell the new attorney of the prior relationship and the problems you experienced.

How to resolve a lawyer who is not performing his or her duties?

If you believe that your attorney is not performing his or her duties, the first step to resolve the problem is to talk with the attorney directly; tell the attorney about your concerns and ask for an appointment to discuss the matter. Often that discussion will clear up your problem.

Why do attorneys have problems with clients?

Many problems between attorneys and clients are the result of poor communication. Both the attorney and the client are responsible for maintaining communication. Attorneys have numerous clients and are often in court or working out of their offices. You will not always be able to immediately reach your attorney.

What to do if you can't resolve your case?

If you cannot resolve your issues with your attorney on your own and wish to hire a different one, you will have to ask the court’s permission. However, the court may not necessarily grant permission if the process has already progressed too far. If that is the case, you are essentially stuck with your current attorney for the duration of your case. This is another reason why it is important to communicate your concerns and try to work things out on your own.

What to do before firing an attorney?

This means communicating with him or her and expressing your concerns. It may be that the circumstances that are causing your dissatisfaction are beyond the attorney’s control. It may also be that there is a simple remedy for your issues.

Do Attorneys Have An Established Standard of Conduct?

Attorneys are held to an established code of conduct – both from a professional and ethical standpoint. Most licensed attorneys are both qualified and careful to adhere to this code of conduct. Even when mistakes are made, they can often be worked out without causing the client harm.

Serious Attorney Errors That May Hurt Your Claim

A serious attorney mistake is not just something as simple as failing to call a client back. In some situations, a serious or grievous error may occur that results in legal malpractice, such as:

How You Can Protect Your Interests if This Happens

If your attorney makes some serious errors – either out of incompetence, a lack of experience, or negligence, you may need to take action to protect your interests, such as:

How to Avoid Hiring an Incompetent or Negligent Attorney

While there are steps you can take after hiring a negligent attorney, avoiding this problem altogether is better. To help ensure you hire a qualified attorney, here are some steps you can take:

Contact PKSD. A Law Firm You Can Trust

At PKSD, we treat our clients’ cases as if they were our own. We work hard to investigate each case thoroughly, gathering strong evidence to support each claim, and fighting hard for the maximum amount of compensation.

How do lawyers treat you?

Your lawyer must treat you with respect, be polite and assist in your understanding of the law related to your matter. Handling your money. Your lawyer may ask you to pay some of their fees in advance to cover any expenses they incur during their work for you.

What to do if a private lawyer thinks you are likely to be eligible for legal aid?

If a private lawyer thinks you are likely to be eligible for legal aid or a legal aid grant, they are required to advise you of this fact. Disclosure.

What is the WA legal profession?

The Legal Profession Complaints Committee has statutory responsibility under the Legal Profession Act 2008 (WA) for supervising the conduct of all legal practitioners in Western Australia. The Committee ensures ethical conduct and professional behaviour within the legal profession. This includes receiving all complaints ...

Is correspondence between lawyers confidential?

Confidentiality. Conversations, correspondence and documentation between you and your lawyers are confidential and can only be revealed in limited situations. Lawyers must follow strict rules in the maintenance of client files.

Can a lawyer identify a matter?

Lawyers are not permitted to identify your matter professionally or personally in any capacity. Following instructions. Your lawyer cannot take any action without your instructions. They must carry out your instructions promptly and efficiently in accordance with the law. Clear communication. As the client, you should receive regular updates on ...

Do lawyers have to disclose costs?

In relation to their clients, lawyers are required to: disclose all changes regarding costs to the client. If a private lawyer thinks you are likely to be eligible for legal aid or a legal aid grant, they are required to advise you of this fact.

Download a pamphlet in your preferred language

At the first sign of a problem with your attorney, contact them right away.

If you think your attorney has acted unethically

If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. You can complete a complaint form online or download a PDF complaint form from the State Bar’s website.

If you have a problem with billing or fees

First, talk to your lawyer about it. You may find that the case was more complicated and took more time than you realized. Your lawyer may also find that a billing mistake was made. More information about resolving fee disputes

If you want to file a complaint against your attorney

To file a complaint against your attorney, use the online complaint form . Or download a PDF version of the form. Fill it out and mail it to: