As soon as you feel dissatisfied with the way your lawyer handles your case, you need to act upon it right away. Don't wait for it to affect your case. Remember though, your lawyer may not know about your dissatisfaction. So, try not to be hostile, but call up a meeting with your lawyer and discuss your dissatisfaction. Tell the lawyer exactly what is bothering you and give him or her a chance to fix the problem. If you don't understand what your attorney is doing, ask for an explanation. Do not be afraid to ask "Why?" If the problem happens to be the result of a misunderstanding, perhaps the lawyer-client relationship can be preserved.
But, if you're having serious problems with how your attorney handles your case, and your discussion about it doesn't resolve the problems, think seriously about changing your attorney. Or, you can file a complaint with your local bar association. However, you may want to wait acting against your lawyer until your case is completed or until you find another attorney. If your lawyer knows that you're trying to ditch him or her, or go against him or her with a disciplinary commission, your case may be jeopardized. It's simply a human nature.
Just so you know that you do have the right to fire your attorney. Whether to do so or not, or whether to wait for it or not depends on a number of things.
Changing Lawyers In The Middle Of Your Case
It is you who is responsible for the consequences of your case and not your lawyer. So, if you are not happy with your lawyer's work, you need to change your lawyer. Than again, there are a few things that you need to consider when doing so.
If an important court date is coming up soon, such as a trial or a pretrial conference, changing lawyers at that stage will be very risky and difficult. As a practical matter you may not be able to change your attorney. Also, if your case is pending in court, the lawyer will need court permission to withdraw from your case. The judge handling your case may or may not permit your lawyer to withdraw from your case. But, if the judge does give you a permission to change your lawyer, that could leave you without a lawyer if you cannot find one willing to come into the case at the last minute. That's why it is very important that you act upon your dissatisfaction with your attorney right away before it has a significant affect on your case.
If you choose to have another attorney handle your case, your current attorney will have to withdraw, which he or she will upon your request. However, you still need to pay your first attorney the fees for his or her legal work. If you don't, he or she can file a collection action to recover costs and fees rendered for his or her services. And, you will also have to pay the new attorney for his or her time to review your case and if accepted for the time needed to get up to speed. If your attorney abandons or neglects your case for no good reason, your attorney may lose the right to compensation. Though, only the court can decided whether this is the case. But, if you do get another attorney, the first attorney must return the file to you, cooperate with your new attorney, and minimize possible harm to your case.
Attempt an Early Understanding With Your Attorney
What is it that you need to do to have a successful lawyer-client team and not get into any unneeded disputes that may result in you changing your lawyer in the middle of your case?
The answer to this is simple and straightforward. Both you and your lawyer need to have the same goal. If you're expecting one thing from your legal matter and your lawyer defines a goal to get something else that may not be as desirable by you, you can for sure expect discrepancies. That's why it is very important that you clearly communicate to your lawyer your desired outcome from your legal issue. Your lawyer will then assess the strengths and weaknesses of your case and tell you how realistic your wish is, and maybe map out another just as desirable goal. But the goal for the final outcome of your legal matter needs to be mutually agreed upon for a successful lawyer-client relationship. Through an affective communication practiced by both you and your lawyer, you'll be able to overcome every obstacle along the way.
In short, be prepared to send your lawyer into action, and arm him or her well with every detail you can gather. Understand how he or she operates and charges. Then sit back, be ready to respond to your lawyer's requests, and let your lawyer do his or her job.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you. |
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