While lawyers get busy with other cases, they should always put their clients first. If you can’t reach your lawyer you should be able to reach the office or another staff member who can set up an appointment with you or a good time to reach them.
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1. Put you*re question/request in writing. Lawyers are required to reasonably respond. 2. Send your request by email, fax or overnight mail. 3. Do not repeatedly contact the lawyer. Reasonable requests means reasonable in number, frequency and topic. 4. Don*t ask the same the questions over and over 5. Be efficient. 6. Remember, while your case is important, it is not the …
If for any reason you are waiting more than 30 minutes, either on your own or by request of the Court, call your lawyer's office and ask about arrival time and what you should do while waiting. Remember, if your lawyer only has one case a day or week, they probably either do not have a full time caseload or they charge prices high enough that they only have to do a few cases.
If you seriously suspect your lawyer has misused any money he holds for you in trust, complain to your state's attorney regulatory agency pronto. Although regulation of lawyers is lax in most states, complaints about stealing clients' money are almost always taken seriously and acted on promptly.
If you're not satisfied with your lawyer's explanation, ask for a reduction of the bill. If the lawyer refuses, consider filing for nonbinding fee arbitration with a state or local bar association. Arbitration is a process where a neutral decisionmaker resolves your fee dispute. "Nonbinding" means you are free to reject the arbitrators decision. Get the rules from your state or local bar association before you agree to arbitration. If the arbitration is to be conducted by lawyers who may be biased against you, don't agree to a binding result-- meaning a result you aren't allowed to reject.
No. There is nothing ethically wrong with opposing attorneys playing tennis, bridge, golf or enjoying other common social interactions. If they talk about your case (on the tennis court or anywhere else), however, and your lawyer lets slip something that you said in confidence, that would be a clear violation of your attorney's duty to you.
Yes, but you would have to prove that the settlement your lawyer entered into was for less than your case was worth.
No. Your lawyer may have given you an inflated estimate of the value of your case to encourage you to hire her. Get your file from your lawyer and get a second opinion on your case. If another reputable lawyer believes you are being advised to settle for too little, consider changing lawyers. 8.
Maybe. Your lawyer is responsible for whatever money you could have won had the case been properly handled. Your difficulty will be in proving not only that your lawyer mishandled the case, but that if handled correctly, you could have won and collected a judgment.
damages - that you suffered financial losses as a result. Causation may be your biggest hurdle. To win a malpractice case, you must prove both the malpractice action against your attorney and the underlying case that the lawyer mishandled.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
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. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
It's not enough to show that your lawyer made a mistake -- you must show that the mistake caused you financial loss that you would not have suffered if your lawyer had handled your case properly in the first place.
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:
But dumping a bad lawyer can be expensive. If you hire a new lawyer, you'll have to pay him or her to get up to speed on your case. If the first lawyer hasn't done much, this shouldn't cost a lot. But if you have a trial scheduled for three weeks from now, your new lawyer will have a monumental and time-consuming job.
Keep in mind, though, that no two lawyers handle a case in exactly the same way, and that a second opinion is usually a cursory review, not a comprehensive analysis.
When hiring an attorney determine before you leave the initial meeting how infomation will be communicated to you, how court dates and expectations will be relayed to you, and what you can do if you are not getting what you need in response to your concerns.
It is that sense of care, friendship, and family that allows some lawyer to never have to pay for a yellowpages ad or television advertising because whenever someone has a problem, people refer them to their friend, to their family, to their lawyer.
He may very well think everything is fine the way it is. Give him a chance to change or modify his relationship with you, and if he doesn't, move on. There are as many ways to run an office and manage a legal case as there are laws on the books. Find the one right for you. Good luck and God bless.
In almost any type of legal case there will be lulls where there is not much being done on any particular week or month. If your lawyer has explained the plan and you can communciate with them you should not have to worry if there is nothing done for periods of time.
Most Courts have call in proceedures for lawyers so that their location and ETAs are known by the clerk and or Judge. As a general rule if the Judge calls your case, immediately stand up, wait for the Court / Judge to recognize you, and simply answer what is asked.
The lawyer rarely has control over when hearings are set in the beginning of any case. Sometimes they never have control as many Courts and Judges have their own system of controling their dockets. Just because you don't see your lawyer at the call of the docket is NOT a reason to panic.
Any time you talk to your attorney, they should be able to tell you what is the next step in your case. 4. Being on Time. Lawyers often have multiple cases set on any given day.
If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary . This will jolt him into action. He will respond either by saying the two of you aren’t a good fit, or he will start being much more communicative.
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.
In most cases, you can get a different public defender by writing a letter to the judge. Accordingly, you can mention to your lawyer that you want to explore getting a different public defender. Hopefully this will motivate your attorney to either (a) be more responsive, or (b) help you request a new lawyer. Reply.
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).
The new lawyer can (1) make sure the old lawyer has actually filed the notice of withdrawal, (2) make sure any new paperwork/notices get directed to the right place, and (3) make sure there aren’t any upcoming deadlines that need prompt action.
You technically aren’t the client. If your father or other relative is the actual client who signed a contingency fee agreement, you can’t talk to the lawyer on their behalf. That’s what attorney-client privilege is all about.
He doesn’t have time to chat. While it might seem like lawyers have lots of free time and are delighted whenever you drop by their office, you are taking time away from other money-making cases. He has an office to run. Let him run it.
If your attorney is coming off like a used car salesman, be wary. You want an attorney who will fight for the best possible outcome, but the best of attorneys know they can never promise a positive outcome. You deserve an attorney who is honest with you, even if the truth hurts.
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.
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.
If an attorney does not have empathy or compassion for your situation, they are not who you want to negotiate with an insurance company or have present your case to a jury. If they cannot spare compassion for you, how can you trust that they can adequately convince a judge, jury, or another party to feel what they do not?
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.
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.
Communication is normal to have questions about your case. Good attorneys should regularly communicate what is going on with your case. Lawyers should display a willingness to answer our questions. 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 can’t reach your lawyer you should be able to reach the office or another staff member who can set up an appointment with you or a good time to reach them . Keep in mind that missed phone calls happen to the best of us, but your lawyer should never ignore you.
To avoid this in the future, ask your lawyer how the best way to reach them is during the consultation. This way you’ll know if they prefer email over phone calls and you can avoid any miscommunication.
If you lawyer is overbilling you, they could be inflating a task time, also know as “padding time”.
One of the biggest parts about being a lawyer is convincing the jury to go in your favor. If your attorney isn’t enthusiastic about your case or seems unsure, that should raise some red flags.
The bottom line is, lawyer’s aren’t cheap. You’re not only paying them to help you with a case, but to communicate and give you their best service. If your lawyer isn’t communicating, you might consider switching to a new attorney.
A lawyer doesn’t always have to do something illegal to be bad and here is my lawyer is not fighting for me answer:
Unethical/Illegal Behavior. Although some lawyers may have bad habits such as lack of communication, one of the biggest signs of a lawyer is if they practice unethically or even illegally. As important as it is to win your case, your lawyer should never do so by breaking the law or lying and he is a bad lawyer.
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
Great attorneys come with many different styles and personalities. However, you should steer clear of hiring an attorney that' s too afraid to defend you or advocate on your behalf. You need an attorney who’s comfortable in the courtroom and addressing a judge.
Your lawyer isn’t your doctor, and you shouldn’t have to wait hours past your appointment. 3. Your Lawyer Doesn’ t Remember Case Details. Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case.
There’s no reason to keep an attorney who belittles or demeans you.
Your attorney should know your case status at any given time . It’s okay if your attorney needs to check the docket or case notes to verify certain items. However, your lawyer should be able to tell you what’s happening in your divorce when you ask.
As you’ve been reading this, perhaps you’re wondering, “I can tell my lawyer sucks, but how can I spot the signs of a good lawyer?” Here are five signs you’re dealing with a lawyer you can trust: 1 Responsive to your needs: a lawyer that is available for your questions, and proactively updates you on case developments 2 Transparent in decisions: a lawyer that readily provides both the detail and “why” behind each decision and fee. 3 Beyond reproach with the law: you should never have the slightest doubt your lawyer is working against the law. Instead, your lawyer should be able to demonstrate your rights, the law and their actions, every step of the way. 4 Personally invested in your case: you need a lawyer that truly cares about your freedom and the outcome of your case, not just a payday from your wallet. 5 Well respected in the legal community: your lawyer should command the respect of the court, community and clients alike.
Here are five signs you’re dealing with a lawyer you can trust: Responsive to your needs: a lawyer that is available for your questions, and proactively updates you on case developments . Transparent in decisions: a lawyer that readily provides both the detail and “why” behind each decision and fee.
With at 10/10 rating from the AVVO, we’ve helped our clients beat charges ranging from misdemeanor assault all the way to intoxication manslaughter.
Well respected in the legal community: your lawyer should command the respect of the court, community and clients alike.
If you see fees that don’t make sense, aren’t accurate or that your lawyer can’t clearly articulate what you’re being charged for, you have every reason to fire them and hire new counsel. 1. Unreturned Phone Calls. Your lawyer should be available to answer your questions and inform you of new developments in your case.
When this happens, best case scenario is that a mistrial is declared with the attorney getting disbarred.
Lack of Enthusiasm for Your Case. Winning over a jury means presenting a thoughtful case with logic and conviction. If your lawyer seems unenthusiastic or wishy-washy when they’re speaking to you, imagine how a jury is going to react to them presenting your case.