184 Views

What to do when my lawyer is not fighting for me?

my lawyer is not fighting for me

Whenever there is a legal issue due to an accident, negligence, or willful conduct, the harmed needs a lawyer who understands him and can fight tenaciously to ensure that all of his rights are protected. 

A good lawyer will always be on your side and fight for you as they lead you through challenging situations. But what happens when your lawyer denies fighting your case for you? When are they not advocating for you with the knowledge, ability, passion, and energy required to get you a favorable result? You will get suggestions for hiring a new lawyer. 

Although each circumstance is unique, most encounters with lawyers come into one of the categories, i.e., communication, expenses, competency, and ethics.

What does a person expect from a lawyer fighting his case?

Understanding what to expect from your lawyer as they defend your legal rights is critical. When you hire a lawyer, you should discuss your expectations for communication, fees, and case progress during the initial meeting and discussion. A reputable and skilled lawyer will outline the updates they offer and how frequently they do so.

For example, a lawyer might promise to keep you informed by contacting you if they have new information or want papers from you. However, since it takes three months for your documents to get evaluated, you should prepare to hear nothing for the next three months. In this case, it is acceptable to anticipate that your lawyer is putting forth every effort to defend you, but it is equally normal to expect that you might not hear from them for the first three months. You ought to have concrete proof throughout that period that they are acting in your best interests, getting in touch with you on your behalf, and planning the most effective legal defense.


When your attorney is unwilling or unable to communicate effectively?

It is one of the most irritating situations because communication is key to any successful relationship, especially between a client and a lawyer. 

A lawyer should clearly explain your legal issue, how they will handle your case, what you may anticipate, and at least offer you a reasonable timeframe. Additionally, they ought to respond to your messages; if you call, they should answer or return your call immediately.

Send a cordial, calm message outlining your concerns if they don’t communicate adequately or if you’re having trouble getting them to answer your calls. Do not instantly threaten to report someone or initiate a malpractice case. However, you have two choices if their actions persist:

  • Hiring a mediator to assist you in solving your issues because it could be challenging to find a new lawyer if you’re in the middle of a case. Additionally, they could be very competent in the legal but deficient in “demeanor.” Giving them another chance might be worthwhile if they can improve.
  • You should hire a new lawyer. Fire your lawyer and hire a new one if you don’t feel confident or at ease with them. Have the new lawyer go over what the first one did. If the circumstance calls for it, they can advise on how much you should pay and how to file a complaint or lawsuit.

What if your lawyer lacks the necessary skills?

The bar exam is required for lawyers, but passing it does not ensure proficiency. Once again, being in this situation is tremendously frustrating. If you file a complaint, the State Bar Association is typically unlikely to take any action due to a lack of expertise if there was no criminal activity or violation of ethical standards. It could be advisable in this situation to give up and hire a new lawyer.

You may file a malpractice claim against your attorney if their actions qualify as “gross incompetence,” such as failing to file your complaint on time or representing you in a circumstance where there was a conflict of interest.

It’s challenging to win a malpractice case. You must demonstrate that your lawyer mishandled your case, that you would have won otherwise, and that the error(s) resulted in monetary loss. This challenging process takes a lot of time, money, and effort to complete. It is best to speak with a reliable lawyer before making this decision.


What if your lawyer is ethically reprehensible?

Your allegation that “my lawyer is not on my side” may indicate that the lawyer is acting unethically. You can engage another lawyer in the case that the current one is acting unethically. Before doing so, get a second opinion on the morality of dubious conduct. 

If you have proof, you might think about complaining to the bar association about the lawyer in question and, if necessary, bringing a lawsuit based on the harm the unethical action caused.

What if the fees your lawyer charges seem unfair to you?

You can be charged an hourly rate based on the job performed or a portion of the settlement you ultimately receive, depending on the lawyer you work with. A competent lawyer should estimate fees for similar cases, thus aiding you in estimating the budget. You may receive an invoice at the end of each month if you pay per hour. Ask the lawyer for any overcharged before looking over the invoice for any fees that seem excessive.

You can even seek a second opinion from another lawyer or legal firm to confirm that the prices are reasonable given your location and the service level. You can change lawyers if you don’t like the fees; however, you are bound to pay anything you have previously entered into a contract.


Is it legal to fire a lawyer who isn’t representing you?

Now that your lawyer isn’t assisting you, you’re unsure what to do. You have the right to fire your lawyer if they are not advocating for you. You can terminate a terrible civil lawyer and hire a new one, for example, if they have a poor track record. The process is easy to follow, and you must inform the judge and your attorney. 

You should be aware of the following potential repercussions if you dismiss a lawyer or legal firm due to anything like professional negligence:

  • Under the law, you have the right to inform your attorney in a brief letter that you fired or dismissed him/her and specify the reason for the same. However, if you and the lawyer entered into a contract, you will be obligated by law to pay both the money you owe now and the money you committed to pay in the contract.
  • When you hire a substitute, the timeline for your case might get extended if you assert that “My counsel is working against me.” The new attorney may require additional time to review your case and craft a stronger defense. They will bill for this time, so the total cost of legal representation can rise over time.
  • If you are presently involved in a custody dispute, you will still require the assistance of lawyers. Suppose you don’t already have a new attorney to replace the one you no longer desire. In that case, you can experience a legal void during which time specific documents must be submitted or particular actions must be completed. It will be your responsibility to satisfy these deadlines independently throughout that period.

Conclusion 

Most people take the client relationship very seriously. Despite having the best of intentions, a lawyer could occasionally fail to perform their duties, breach professional standards, or fail to react to clients in a timely approach. It makes sense that a customer could stop using the attorney’s services in these circumstances. You have every right to fire your lawyer if they are not advocating for you, find a new one, and you might even be able to file a lawsuit if they disobeyed ethical standards.

FAQs

Can you defend ourselves without a lawyer?

You have the right to represent yourself in court without hiring a lawyer. You may not need a lawyer to present your case in court or appear in person to represent yourself in court.

What is it known as when a lawyer fails to perform?

When a lawyer hurts one of their clients, it is legal malpractice. It usually involves attorneys representing themselves and violating the terms of their agreement with the client. One of the most frequent instances of legal malpractice is when attorneys fail to act promptly on behalf of clients.

Do lawyers tell lies on behalf of their clients?

The Rules of Professional Conduct govern a lawyer’s ethical obligations, and the law forbids dishonest behavior by attorneys.

Could I bring a negligence claim against my lawyer?

While filing lawsuits is a part of a lawyer’s job description, this does not exclude them from being sued in their official position. Like other professionals, a lawyer is subject to professional negligence lawsuits, which are relatively common.