Steps to Take When Your Attorney Isn’t Doing Their Job
It can be a frustrating experience when one feels as though their attorney is not doing the best they can do in regards to their case, especially when an attorney’s services have been expensive. Here are steps to take when your attorney isn’t doing their job.
When addressing issues with one’s attorney, clients can begin by writing a polite but firm letter explaining their concerns. It should be noted that clients should not threaten to sue their attorney as their first line of defense, as this will likely anger the attorney and make them defensive, rather than attentive to their client’s needs.
Related: How to Choose an Attorney in California
Strategies to Deal with Common Problems with Legal Representation
Here is a list of common problems that may arise during legal representation along with suggested strategies that can improve satisfaction with one’s attorney:
When one’s lawyer will not communicate with their client
This can be a difficult problem to deal with as a client. If a lawyer does not return phone calls or emails, they may be guilty of abandoning their client. If a client believes that their attorney has abandoned them, they should send a letter explaining their frustration. If one’s attorney does not respond to the letter, the client may wish to consider another attorney for representation. If not, the client can consider mediation to work out communication problems with the attorney in question. If a client cannot work with an attorney anymore due to communication issues, they should fire them and hire someone new to help with their case.
The lawyer is dishonest and incompetent
If one’s attorney has been dishonest or has acted with gross incompetence, authorities should be contacted. Clients can file a complaint with California’s lawyer discipline agency, who will likely take action when a lawyer has stolen money after a settlement, made an error such as failing to show up for court, did not do the legal work that a client paid for, committed a crime, or has a drug or alcohol use problem. California’s bar association also has funds to reimburse clients whose attorneys stole from them.
Concerns about the lawyer’s work
If a client feels as though their attorney is not doing a good job with their case, they have every right to investigate before it is too late. Clients should get a hold of their file and ask their attorneys for copies of all relevant documents. If a client fired their attorney and hired a new one, clients should ask their new attorney for help in getting ahold of their file. In extreme cases, clients can sue their attorney for malpractice, especially if they feel as though they have lost money due to the way their attorney handled their case. This should be done as quickly as possible, however, clients should do adequate research before deciding to sue their attorney (such as finding out whether their attorney has malpractice insurance or if their attorney has valuable assets from which to pay).
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