what to do when 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?

First, talk with your lawyer. A lack of communication causes many problems. 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.

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

Tell your attorney of your need for information and arrange a mutually agreeable time to contact the 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 …

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

Apr 30, 2021 · If a client is unhappy with the lawyer’s conduct in the case, whether in court or out of court, a client may wish to file a complaint about …

What to do if your lawyer stole from you?

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. …

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

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.Jun 7, 2018

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.

What should you not say to a 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...•Mar 17, 2021

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

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

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. 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.Mar 29, 2021

How do you seduce a lawyer?

Compliment: Always make an effort to compliment her. Lawyers are egocentric, therefore feed their ego. Tell her how beautiful and passionate she is. Tell her, “you are so dedicated to your work”.

Why do lawyers take so long to get back to you?

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.May 28, 2020

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Is it normal for lawyers to not respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

How do lawyers communicate?

You can communicate clearly by always thinking about why you are contacting your attorney and what you need from them....Your lawyer should be happy to answer all of your questions.If you don't understand something your lawyer has said, ask for clarification. ... Ask your lawyer to explain the reasoning behind their advice.More items...

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.

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.

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 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 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 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:

What is the defense of a lawyer who is sued for malpractice?

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.

What to do if your lawyer is unresponsive?

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.

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 happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

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.

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 ...

What is fiduciary relationship?

A fiduciary relationship creates many legal duties for the person in whom the trust has been placed. Generally this person must act in the best interests of the other. However, a lawyer’s duty to the Court is paramount and prevails to the extent of inconsistency with any other duty. In relation to their clients, lawyers are required to:

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.

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.

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 ...

Unhappy With Your Attorney?

At Du Toit’s Attorneys, we subscribe to the highest standards of professionalism, ethical conduct and the attendance to our client’s interests; we, therefore, believe in transparency and upholding the rule of law.

Processes

Members of the public can lodge complaints against any law professional through a legal hotline called the “Trustline” initiative which is run by the Law Society of South Africa and the Attorneys Fidelity Fund. The public can lodge complaints at 0800-202-036 or at [email protected].

Final Word

As already stated, our firm strives to uphold only the strictest ethical standard, with our clients’ interest first.

1 attorney answer

In my experience, the best way to handle this situation is to send an email to your attorney and the paralegal team and let them know your concerns. Keep in mind that you not only want to get your case filed, but you want everything reviewed carefully and done correctly.

Kristin Ann Davis

In my experience, the best way to handle this situation is to send an email to your attorney and the paralegal team and let them know your concerns. Keep in mind that you not only want to get your case filed, but you want everything reviewed carefully and done correctly.