What To Do If Your Attorney Isn't Doing Their Job

A professional partnership is formed when you employ a lawyer and they agree to represent you legally. You both have the same aim in mind: to get your legal matter to a satisfactory conclusion.

Both sides in any attorney-client partnership have legally binding responsibilities. Both parties are required to collaborate in a constructive, attentive, and competent manner.

While you have the right to demand professional legal advice from your solicitor, some clients are stuck with an attorney who, despite best intentions, is not doing the best job on their case. This may be due to a variety of factors.

Continue reading if you're actually dealing with an attorney who isn't communicating well, or who you suspect is incompetent or deceptive about a particular aspect of your case. In this post, I'll discuss a few of the most popular issues clients have with lawyers, as well as possible solutions.

4 Common Issues That Clients Have With Attorneys

Whether you're thinking of firing your attorney or looking into legal options, you'll find that there are a few options. I'd like to go through a few of the more popular problems clients have with their lawyers before moving on to solutions.

Incompetence

You have every right to be worried if it seems that your solicitor isn't doing their job properly or if you suspect negligence. After all, you don't want your own counsel to jeopardize your case's outcome if your potential recovery and financial well-being are on the line.

Communication Issues

The most common issue is likely a lack of communication.

Clients continue to experience problems with failure to return phone calls, emails, or text messages, despite new technology and the ease of near-instant information transfer. In other cases, dialing the lawyer's phone number may connect you with a paralegal or associate rather than the actual lawyer with whom you're working.

Attorneys have an ethical obligation to communicate, but unless the case is serious, there might not be a reasonable opportunity to file a formal complaint.

The following are the communication guidelines for the attorney-client relationship, according to the American Bar Association:

Relationship between the client and the lawyer:

(a) A lawyer's responsibilities include the following:

1. Promptly inform the client of any decision or circumstance requiring the client's informed consent, as specified in Rule 1.0(e);

2. Reasonably consult with the client about the means by which the client's objectives are to be accomplished;

3. Keep the client reasonably informed about the status of the matter;

4. Promptly comply with reasonable requests for information;

(b) A lawyer must clarify a matter to the client to the degree possible to enable the client to make an informed decision about the representation.

If your attorney continues to refuse to communicate with you by phone, email, or other means, I recommend writing a formal certified letter to his office, inquiring about the communication problems and stating that you're willing to find a new attorney to represent you if possible.

Attorneys are among the busiest people you'll ever meet. Being busy, on the other hand, is no reason for bad communication or a lack of professionalism while dealing with a customer. Sending them a letter can motivate them to take action and correct previous mistakes.

The Lawyer Wasn't Fair or Ethical

One of the most important aspects of a client-attorney partnership is honesty. After all, exposing the facts about your legal situation is crucial to the success of your case.

In every occupation, lying and dishonesty are unforgivable, so if you believe your attorney has provided false information, lied about something, or otherwise, confront them right away. If you're not happy with their answer, you can file a formal complaint alleging wrongdoing.

Attorneys who breach their legal ethics contract are disciplined by an official organization of each jurisdiction. Each organization, such as the local Bar Association or the state Supreme Court, has a standardized procedure for filing a formal complaint.

Following are some examples of deceptive behavior:

• Criminal behavior

• Falsehood

• Misappropriation of funds

Several disciplinary steps can be taken, depending on the particular case and the specifics, including suspension, censorship, reprimanding, or possibly disbarring the attorney from practicing law.

Attorneys are often reprimanded and fined for immoral acts such as deception and dishonesty. Breaching the confidentiality arrangement between the client and the attorney will result in legal action.

Issues with Billing and Surprises

There will still be some uncertainty surrounding billing information for someone who charges for their services by the hour.

Do not pay a legal bill until you have more information on how your money is being spent, or whether you think your attorney has manipulated the account's figures. Check your bill against the fine print in the original fee agreement that you and your solicitor signed at the start of your representation.

Verify that the bill does not contain any extra costs or fees that were not included in the original agreement. If you accuse your present lawyer of wrongdoing, do not pay them until the matter is resolved. If you have a billing or fee grievance, notify your attorney as soon as possible so that you can get more information and an explanation.

If Your Attorney Isn't Doing Their Job, What Do You Do?

So far, we've discussed communication, negligence, billing, and dishonesty as four of the most popular issues clients have with attorneys.

There are a variety of steps you can take to correct the issue, depending on whether you think your attorney is not doing their job.

Continue reading if you're already planning to fire your lawyer. I'll discuss a few options for changing lawyers or, if appropriate, taking legal action against your current attorney.

Mediation could be an option.

If you're having trouble dealing with your lawyer but aren't sure if firing them is the right option, a mediator may be able to help.

Mediation is essentially the method of enlisting the assistance of a third-party neutral to assist in the improvement of the client-attorney relationship. If communication is a problem, a professional mediator may step in to help all parties develop their communication.

If you've tried mediation and your attorney isn't doing their job, and you've decided you need to fire them and hire someone new, there are a few options for finding new legal counsel for your legal problems.

Make a claim for legal malpractice.

A formal lawsuit is the traditional method of disciplining an inept or incompetent lawyer.

As I previously stated, every state has at least one entity that assists in the licensing and disciplining of lawyers. You can file your case with one of these bodies, such as the State Bar Association or the Supreme Court.

Keep in mind that lawsuits can only be lodged about acts or conduct that are blatantly immoral or dishonest. It is a serious matter to file a disciplinary lawsuit against your lawyer. Before escalating the matter to a formal lawsuit, you can try to settle any disagreements or conflicts with your lawyer directly.

Arbitration is a method of resolving

Arbitration could be an option if you have a problem with a high, unforeseeable bill. When a dispute occurs, arbitration, including mediation, requires an outside party to act as a neutral decision-maker.

If you're seeking arbitration over billing, finances, or retainer problems, double-check the original contract you signed with your attorney.

Contracts also contain provisions stating whether the outcome of the arbitration proceedings is binding or non-binding. In the case of a binding clause, you relinquish your right to appeal the arbitrator's decision regardless of the outcome.

If the arbitration agreement is non-binding, any side may file a lawsuit to dispute the arbitrator's decision at no cost to them. Arbitration is a good way to get a neutral third party involved and look over the particulars of your client-attorney relationship.

Your Attorney Should Be Fired

The last recourse is to fire the lawyer. However, before you go this path, consider getting your case file from your solicitor and taking it to someone for a second opinion. If you haven't settled yet and the new advising attorney believes you're squandering money, fire your current attorney and hire someone else to do the legal work.

Keep in mind that switching layers can be a costly endeavor. When you employ a new lawyer, you will be required to pay a fee to get him or her up to speed on the specifics and background of your case.

In certain exceptional cases, it might be appropriate to take things a step further and file a complaint against your lawyer. If you're considering filing a lawsuit for legal malpractice, you should do so as soon as possible; the longer you hesitate, the more the defense will be able to use your inaction as evidence against you.

Work with a seasoned personal injury lawyer.

Contact Bruscato Law Firm of Monroe, Louisiana, for legal advice if you've been in an accident caused by someone else's negligence and aren't sure if you're working with a good lawyer or not.

Personal injury lawyer John Bruscato and his devoted team are committed to working with you to ensure the best possible result of your case. John Bruscato is a personal injury lawyer who knows how insurance firms operate and is well-versed in the legal system. He has nearly a decade of experience representing victims of traffic accidents, workers' compensation lawsuits, wrongful death claims, and other types of cases. At the end of the day, you are the only one who will decide on your case and who will represent you.

Communication is crucial, and you owe it to yourself to make sure your voice is heard if you have questions or concerns about a personal injury case. You deserve an attorney you can trust and who will fight for you. To arrange a free consultation to discuss your choices and legal rights, call or visit us online today.