what to do if your attorney won't work for you california

A lawyer not doing his job is a serious issue, and you can opt to complain about your lawyer to The State Bar of California or the state where you have hired the attorney. When you file a complaint against your lawyer with the State Bar, the lawyer is investigated by the Office of Chief Trial Counsel.

Full Answer

What to do if your lawyer is not working on You?

1 Communicate. If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns. 2 Get your file. If you can't find out what has (and has not) been done, you need to get hold of your file. ... 3 Research. ... 4 Get a second opinion. ... 5 Fire your lawyer. ... 6 Sue for malpractice. ...

What can I do if my lawyer Won't Let Me retrieve files?

Also, ask your state bar association for assistance. 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.

Why won’t my lawyer Call Me?

However, this could be a sign of looming trouble. To figure out why your lawyer may not be returning your calls, try and deal with the situation by writing them a letter or email or even faxing their office explaining your issues with the current—or lack thereof–communication and asking for a phone call or a meeting to restore your relationship.

What happens if you don't pay your lawyer?

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 is it called when your attorney doesn't do their 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 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.

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.

Can I sue my attorney for negligence in California?

If your lawyer makes a mistake in your matter, you can sue the lawyer for malpractice. Generally, clients should file legal malpractice lawsuits within one year of the date when the attorney-client relationship ended, or the claim can be barred.

How do I sue an attorney in California?

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.

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.

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.

Who or what regulates attorneys in California?

The State Bar ofThe State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.

What do you do when your lawyer lies to you?

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.

What constitutes legal malpractice in California?

To prove legal malpractice you must establish the following four elements: (1) duty, (2) breach, (3) causation, and (4) harm. These are the basic elements for most torts in California. Duty. A plaintiff must show the existence of an agreement, either express or implied, that creates an attorney-client relationship.

How do I prove legal malpractice in California?

To prove legal malpractice, a plaintiff must show: There was an attorney-client relationship (with rare exceptions); The attorney was negligent (breached the duty of care); The negligence caused plaintiff's injury; and • The injury caused actual damages.

How long do you have to file a legal malpractice suit in California?

The limitations period to file a legal malpractice action is the lesser of one year from actual or imputed discovery, or four years regardless, unless tolling applies.