Whether you have been charged with a crime or you’re going through a divorce, you will find yourself working closely with an attorney. In many cases, the quality of your life and what you can expect from your future is literally in their hands.
Having a positive, supportive relationship with your attorney can put your mind at ease. If you’re dealing with a rude, absent, or incompetent lawyer, you’re going to end up losing sleep at night.
Even if you just don’t get along with your attorney, you don’t have to grin and bear your relationship. Here are the things you can do if you don’t like your lawyer.
Consider Suing for Malpractice If Your Trial Is Over
You may think there’s nothing you can do if your trial is over. If your attorney lost your case or they didn’t recover the funds you felt you were entitled to, you may want to consider suing for malpractice.
Your attorney may potentially be found negligent in areas that include:
- Bad or improper correspondence and communication
- Missed statute of limitations
- Conflict of interest
- Mishandling money
- Incompetence regarding the legal issue at hand
- Transactional error
If you think you have a malpractice claim, it’s important to speak with another attorney who specializes in legal malpractice cases. They can tell you if you have a chance in court, and they can help you proceed with your case.
Speak With Your Lawyer About Your Concerns
If your case is still active in the courts, you probably don’t need to move directly to a malpractice case. Instead, you should speak with your attorney about your concerns.
Talking with an attorney isn’t easy, and it’s even more difficult if you have to discuss such an uncomfortable topic, but it’s important. Let them know that you are dissatisfied with the services they are providing and ask them to clarify their strategy.
You may discover that they really are doing the best they can and that they haven’t been in touch simply because there’s nothing new to report. If instead they seem defensive or explain their behavior away unsatisfactorily, you will want to get advice from another lawyer.
Get Advice From Another Lawyer
It’s normal to get a second opinion from another doctor if you’re facing a serious diagnosis, but the doctor’s office isn’t the only place where you can get a second opinion.
If you don’t think your attorney is handling your case they way they should, don’t be afraid to get another opinion from one or two other attorneys.
Make sure you get your file from your current attorney before your meeting. Providing another attorney with this information and an explanation of the behavior you’re dissatisfied with will help them determine if your current lawyer is doing a bad job on your case and should be fired.
Don’t Be Afraid to Fire Your Attorney
Hiring an attorney is nerve racking enough. Firing one is even worse, but it’s your best option if you aren’t getting the kind of attention your case deserves.
First, make sure you take a look at the contract you signed with your attorney. It will tell you exactly how to go about terminating your relationship. As long as you follow these guidelines, you do not have to state the reasons why you’re firing them. You may also want to request an itemized billing of charges to make sure you’re refunded for services that weren’t rendered.
The process can be made easier if you hire another attorney first. They can make sure there isn’t a lapse of attorney services in your case, and they can help you take the proper steps towards firing your previous lawyer.
File a Complaint
Just because your attorney didn’t mess up bad enough to file a malpractice suit doesn’t mean there isn’t anything you can do if you feel like your lawyer wasn’t doing their job. You can file a complaint with the American Bar Association by filing with your state’s bar association.
If your lawyer made an egregious error or didn’t complete the work you paid for, among other issues, the bar association may discipline an attorney or even strip them of their license.
The relationship you have with your attorney is one of the most important professional relationships you will ever have. If it feels anything less than professional and supportive, there are many things you can do to move forward with your case in a way that’s comfortable and fair to you.
