what to do if you don't trust your attorney

by Dr. Trevor Tillman 6 min read

Your attorney will be paid for his or her work anyway. They will put a lien on your case so no matter who takes it will be forced to pay them a share. But you do retain the right to get a second opinion, and if you do not trust your attorney, you probably should seek that second opinion and consult a different 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.Jun 7, 2018

Full Answer

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 stole my money?

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.

How can I get my Lawyer to contact me again?

A good way to deal with this situation is to write or fax the lawyer a straightforward letter explaining your difficulty in communicating and asking for a phone call or meeting to re-establish or restore your relationship. If this doesn't work, consider firing the lawyer and/or filing a formal complaint with your state's attorney regulatory agency.

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.

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What to do when you dont trust your lawyer?

If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar's website. You may also call the State Bar at 800-843-9053 (in California) or 213-765-1200 (outside California) to discuss the complaint-filing process.

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 do I know if my attorney is ripping me off?

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.

What should you not say to your lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

How often should I hear from my attorney?

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.

Do lawyers cheat their clients?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

Why do lawyers ignore you?

If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.

Can I hire two lawyers at the same time?

Yes you can hire two advocates at the same time. I have hired 5 advocates at the same time as well. You can take my help in finding a good arguing counsel. Unless NOC is taken from the previous lawyer new lawyer cannot be appointed.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Can your lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

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.

What happens if you don't trust your divorce lawyer?

If your lack of confidence and trust in your divorce lawyer is significant, or if it persists, you simply should not maintain a professional relationship with that individual. If the lack of confidence in your attorney becomes so profound or constant, the situation will end up having a negative impact on your case.

What to do if you are dissatisfied with your divorce lawyer?

If you are dissatisfied with the outcome of your meeting with your divorce lawyer, you may need to take additional steps . You need to pay attention to upcoming deadlines or court hearings in your case. You need to make sure that you coordinate your activity in regard to the trust issue with your lawyer in a manner that does not hamper ...

How to avoid being accusatory?

Try to avoid be accusatory when you do meet with your lawyer. You need to be honest and direct. However, you do not need to be confrontational. Do not make an immediate decision about taking further action directly after the meeting. Take or two to ponder the matter at hand.

Can you terminate a legal case if you are represented by another lawyer?

In fact, that is the desired course of action. Keep in mind, as mentioned a moment ago, as long as you are represented by another lawyer, another attorney will be limited in what he or she will and can do for you professionally. Once you obtain a commitment from alternate counsel, you can begin the process of terminating ...

Can you trust your attorney? Don't miss these red flags

An incompetent or corrupt attorney can ruin your case. I got a call the other day from someone looking for an expert witness for a legal malpractice case. It was a somewhat unusual call. Their attorney should be the one finding people who can review the case and testify as a witness. If they are asking their client to do this, it’s a red flag.

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I am a lawyer who talks like a regular person. I provide direct, honest advice, and if needed, I will recommend a lawyer to you.

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What to do if your lawyer is stealing money?

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.

What to do if your lawyer refuses to pay your bill?

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. ...

What does it mean to be liable for malpractice?

Malpractice simply means 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 circumstances. Put more bluntly - to be liable for malpractice, your lawyer must have made a serious mistake or handled your case improperly or incompetently.

Why is my lawyer not returning my calls?

Try to find out why your lawyer is not returning your phone calls. (He or she may be busy, rude, sick or procrastinating.) As you do this, examine the possibility that your lawyer may be avoiding you for a good reason - you may be too demanding. A good way to deal with this situation is to write or fax the lawyer a straightforward letter explaining your difficulty in communicating and asking for a phone call or meeting to re-establish or restore your relationship. If this doesn't work, consider firing the lawyer and/or filing a formal complaint with your state's attorney regulatory agency.

What is a breach of duty in a lawyer?

duty - that the attorney owed you a duty to act properly. breach - that the attorney breached the duty, was negligent, made a mistake or did not do what he or she agreed to do. damages - that you suffered financial losses as a result. Causation may be your biggest hurdle.

Can opposing attorneys play tennis?

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.

Can a lawyer give you an inflated estimate of the value of your case?

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.

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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:

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

What happens if you cannot find a trust document?

If you cannot find a loved one's Trust documents, you may end up in Probate Court. Avoiding Probate Court is a specific benefit of creating a Living Trust, so this outcome wouldn't be ideal for anyone involved.

How to keep a trust document safe?

Here's how you can keep your Trust documents safe: Make copies: Once you complete and finalize your Trust, make several copies. Keep one at home, one in your office, and anywhere else you spend a significant amount of time. You might also consider giving your Trustees copies of your Trust.

What is a revocable trust?

A Revocable Living Trust is a legally-binding document that details the management, control, and distribution of someone's assets during life and after death. It is revocable, as the contents of a Trust change throughout someone's life. The Trustor, or creator of the Trust, maintains ownership of it until they die.

What is the purpose of a trust?

A Trust is a way to transfer assets and property after someone's death outside of Probate Court. This is the court system responsible for settling Wills, Trusts, Conservatorships, and Guardianships.

How long does it take to create a living trust?

With Trust & Will, you can create a Living Trust online in no time—less than 15 minutes, in fact. You can only have one set of Trust documents. If a Trust is lost, it may be presumed to be revoked. If you create a new Trust and find the old one, the Trust with the latest date will replace the others.

Can a trust be locked in a safe deposit box?

Trust documents are frequently misplaced, lost during moves, accidentally thrown out, or destroyed. A Trust can also get locked inside a safe deposit box if it's closed out after someone's death. Ironic, considering people tend to put their Estate Plans in a safe deposit box for safekeeping. Alternatively, if a loved one has died ...

Is a trust a public record?

Trusts are private documents. They are never entered into the public record, even after someone has died. This means that the court doesn't know what is included in any Trust, leaving someone with few options to find a loved one's missing documents.

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