Research if your attorney has represented the other party. Go online and type in the name of your attorney and the name of the other party. If your attorney has represented the other party before, there may be a conflict of interest. However, if both parties are made aware of the conflict and give written consent, then the attorney may continue to represent both clients. Avoid forming a personal relationship with your attorney. Romances and sexual relationships are not only extremely inappropriate, it is unethical and against the Rules of Professional Conduct.
If your attorney attempts to form a romantic relationship, you should report him to the ethics board. Request proof that your property has been kept separate from your lawyer's property. A lawyer must keep your personal property separate from his or her own property and return said personal property anytime you demand it returned.
This includes money not yet earned, which must be kept in a trust or escrow account. Part 2. Look over your bill. The fee a lawyer charges should not be excessive or unreasonable. In determining whether a fee is excessive, you should consider the time and labor involved, as well as the customary fee for similar services in the same area by attorneys with equivalent experience. To determine if you have been overcharged:. Make sure the bill is itemized.
All billing statements you receive from your lawyer should include an itemized list of the various tasks performed and the amount of time spent on each task.
It should also identify who performed the task and what her billing rate is. Request a copy of all pleadings, or documents, filed with the Court.
You may ask either your attorney or the Court for copies of these documents. Ask your attorney for copies of all correspondence involving your case. If not, feel free to ask for them. Be sure to ask for notes from any phone conversations. Although you can't get a transcript of the phone conversation, many attorneys will keep handwritten notes summarizing the telephone conversation, including the length of the phone call.
Compare the bill with the filed pleadings and correspondence. Each charge for drafting pleadings or preparing correspondence should match up with the correspondence or pleading prepared.
Pay particular attention to dates. If a motion is date-stamped as filed on Monday, but the bill claims it was filed on Wednesday, then your lawyer may not be keeping accurate billing records. Research customary fees in your area. Finding this information may be difficult, and the information on the web is usually wrong.
But you might call around to other attorneys in the area and inquire what their fee would be to handle your case. Consultations are typically free. Part 3. Confirm that your lawyer is still acting in your best interest. A lawyer is required to zealously pursue your wishes, within the boundaries of the law. Sometimes, however, a lawyer may stop acting in a client's best interest. Study your pleadings and attorney correspondence. Make sure the relief that your lawyer requests matches what you want.
If your lawyer has requested different relief, then he may not be loyal to you. A lawyer does not have to agree with the remedy you are seeking.
Nevertheless, your lawyer can only seek remedies that are legally available. If you are seeking full custody but the law requires shared custody, you should not fault your lawyer for not seeking something the law plainly rejects. If you don't believe the relief you seek is unavailable by law, ask your attorney to show you the statute or court opinion that says that. Identify important information not communicated to you.
If you see in correspondence from the opposing party information you think is important, confirm that your attorney conveyed this information to you. A lawyer has an obligation to share information with you so that you can make an informed choice. Whether to settle is your choice, not your lawyer's. Note how long it takes your lawyer to respond to you. About a week is standard for a very busy office, though a couple of days is preferred.
If your attorney never responds to your communications, then he is not acting diligently on your behalf.
Part 4. Stay up-to-date on your case. Instead of waiting for your lawyer to inform you of what happened at a court hearing, try to attend the hearing yourself. Take notes and keep dates. Pay attention to the deadlines for filing important documents.
If the judge reprimands your lawyer for forgetting to file something or for filing something late, then you know that your lawyer has not been acting diligently on your behalf. Supply your attorney with any information or documents in a timely manner.
Before you take the step of firing your attorney, consider why you are taking this action. Cutting off a relationship with a trusted business advisor can have negative consequences for you and your business.
For example, if you are in the middle of litigation , either as the defendant or plaintiff , you will have to find a new attorney, and this can cost more time and money and set back the progress on your case. Consider answering these questions before you take the step of firing your attorney:.
Is it something that came out of a case, or is it a problem with this attorney? A problem with a case might be easily solved with better communication, while a problem with the attorney, in general, might be a personality conflict that can't be resolved. Does my attorney respond to questions and concerns quickly and completely? Is it better to wait until after the case is over? If the attorney isn't acting in a professional or ethical manner you should fire them.
Your attorney should not ask you to do things or telling you they are going to do things that you feel are not ethical. You shouldn't work with a person who does not act in a noble or straightforward manner. You may not have immediate contact with your attorney at all times.
However, if you feel they are continually unresponsive to your needs, do not respond to concerns or answer your questions in a timely manner you may consider replacing them. You should not feel like they are ignoring your phone calls or emails. If the attorney makes promises and then doesn't fulfill them this should raise a red flag. An attorney who promises that a case will be won is just not being honest.
No one can know the outcome of a case, and good attorneys don't promise a win. Also, consider replacing your attorney if they don't seem to understand your case. Do two things:. Before you let your attorney go, explain why you are not satisfied with the attorney and describe your expectations for the relationship. Talk about ways that you both can work to make communications better and save the relationship. And plus I now 2years later have finger numbness when I sleep which come from the herniated disc.
An attorney should always go over a demand in order to get your approval before submitting the demand. From Minnesota Basically same situation for me except I received a settlement that was higher than I thought and my whole situation was made so much easier because of the attorney I had.
Blamed me for retaining her late, and said as long as she showed up, I should be fine with it. But said it was preliminary and that I have unrealistic expectations. None of this was stated when I retained her. Confidence is loss. She was not understanding or apologetic and showed no empathy. It sounds like the relationship is not a good one and it might be in your best interest to retain a different attorney. Hi, Alejandra. You are always welcome to seek the advice of a different attorney.
Please help me. Hello, Woods. Your lawyer has an obligation to communicate with you about developments in your case, inform you of important dates, etc. I want to fire my lawyer because he calls me names He calls me a liar. I quit July 25th and it still shows up in my system over 2 weeks later. It sounds like switching lawyers is probably a good idea. I wish you luck in finding the right lawyer for your case.
From Delaware My attorney is currently involved in a case concerning me. At this time, I know he has made 2 withdrawals from these funds. I want to know the remaining balance before I fire him. How do I go about getting this information?
If your attorney refuses to provide you with a billing statement after you request one in writing, I would recommend reaching out to the discipline section of your local state bar organization to discuss the possibility of filing a bar complaint.
From Georgia What if my attorney has lied to me over email? Every time we get an initial hearing scheduled, it gets cancelled because the other party is avoiding the process server. Is this simply her failing to zealously represent me, or does this arise to malpractice or misconduct?
What recourse do I have? I am suffering significantly opportunity-wise due to her incompetence on this action. You always have the option to terminate the relationship and switch attorneys. From Georgia A co-worker suggested a lawyer his friend to represent my husband in an automobile accident that flipped his work truck when a woman ran a red light. We were planning on taking the case to court so a deposition was given by the opposing lawyer. My husband has never given one and did not know what to expect and was caught off guard and we felt it went very badly-although his attorney said it went ok.
We found out that his attorney told the co-worker that the deposition cost my husband thousand dollars. She never told us. Now we have a trust issue. Should we pay for services rendered and get another attorney? This is extremely high.
I would recommend discussing your concerns with the attorney. From Texas What if my attorneys office manager is very rude, I had to stop her from speaking to me a certain way. How does that work if I fire the team?? I would certainly mention this to your attorney and hopefully your attorney can resolve the issue. If you need a new lawyer, you can find one near you using our free directory. From Texas I was in a non fatal bike accident. Me being the one riding the bike this was in March I hired a lawyer in the same week that I got hit by the car.
Do I fire him? Or do I just continue on waiting for the case to be resolved in his time.? Hi, Rose. In Texas, the statute of limitations for a personal injury lawsuit is 2 years from the date of the injury.
However, there are good reasons to move quickly — more accurate witness testimony, fresher evidence, and other things. Still, the court system can take a long time and the lawyer might be working on the case, waiting for responses from the other party, or there could be other aspects that are slowing down the process. But your lawyer should be communicating with you and keeping you informed. You can get a new lawyer anytime.
The Enjuris personal injury law firm directory is one resource you can use for finding other lawyers in your area. Best of luck! Unfortunately, attorneys are busy and insurance investigations move slowly. Nevertheless, your attorney should be able to respond to you within a few days. I would recommend sending your attorney a letter detailing your concerns. From Tennessee I have a lawyer for a car accident I was in.
I had trouble getting the insurance company to even acknowledge me so I hired a lawyer. Small things started being weird to me as soon as I was assigned a paralegal. Then moving forward my lawyer sent the demand letter and told me they had thirty days to respond.
I waited two more weeks making it two months and then the paralegal said thirty days was really a jumping off point and they just started calling them to try to rush it after that amount of time. Is this normal? Importantly, an attorney has an ethical duty to accept a settlement offer if the client wants to accept the offer.
In addition, you might consider filing a complaint with the Tennessee State Bar. From Missouri I was involved in a rear ended car accident. Got pretty banged up and spent a couple of days in the hospital. Hired an attorney that visited my home. We went over a few things about the accident. And I signed a contingency letter without reading it, because of my concussion. And she never calls back to answer questions. And I need answers. Should I be concerned?
Nevertheless, I understand your concerns and frustrations and your lawyer should do. From North I have a work comp case. I have only spoken with the paralegal after my initial contact with the attorney.
When I have questions that should be answered my attorney he never calls.
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