Clients who are having difficulties with their attorney often won't speak up. They may feel intimidated or that it is not their place to make a complaint. While clients do sometimes misunderstand what a lawyer is doing on their behalf, there are plenty of instances when one isn't doing their job to the best of their abilities. If you are hesitant to express concern, disappointment, or frustration with their work, here are some strategies that might help you.
The first thing you should do is identify your exact problems so that you can communicate them to your attorney more effectively. Sometimes clients are unable to articulate what it is that is disturbing them, so it pays off to sit down and really think about the issue. The vast majority of individuals will discover that their complaints are fairly minor and can likely be adjusted if they are willing to speak up. Or, in some instances their stress and anxiety over the case itself can exaggerate minor issues that are not so important in the grand scheme.
If your complaint is relatively slight but still bothersome, such as lack of updates, use of too much legal jargon, or disorganization, you should first speak directly to your attorney to resolve it. Lawyers, however, are people too. Some will be scatterbrained and others make several assumptions about their clients. You should expect some improvement, but don't anticipate miracles. As long as you are satisfied overall with their progress and work, these criticisms are not reasonable enough grounds for firing on their own.
More serious complaints are concerned with the actual work that is being performed. Lawyers should update their clients regularly and try their best to explain the legal process, how any research is being performed, and what will happen in the near future. If you feel your attorney has been slacking and is avoiding your questions, ask for your file. If they are reluctant to hand it over, this can be a red flag. There may be something in there that they don't want you to see such as missed deadlines, incorrect information, or just an empty folder. It's your responsibility to check the file carefully for errors or hire another lawyer to do so. Don't delay or else you risk missing crucial deadlines.
Although uncommon, a few clients have had to deal with serious cases of attorney malpractice or gross incompetence. The lawyers in question may break the code of ethics and laws in order to reach their goals, steal a client's compensation, or fail to perform crucial tasks. It has been known for a particularly negligent lawyer to fail to show up on the day of a trial or stand before a judge reeking of alcohol. The moment a severe infraction of the contract has been committed, new legal counsel should be sought to either intervene and take over or file a lawsuit against the guilty party. A formal complaint should also be filed with the state legal agency that handles discipline within the profession.
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