If you're dissatisfied with your lawyer, this article will help you determine whether your complaints are reasonable.
Most problems that people have with their lawyers fall into four categories: communication problems, competence problems, ethical problems, and fee problems. It's rare, however, that clients have just one problem -- usually, problems spill over into two or more categories.
Here are some basic rules on what you have a right to expect from your lawyer in each of these areas.
Communication problems can cause you to think you have a bad lawyer when you don't, or that your lawyer is doing a bad job when she isn't.
Your lawyer should give you a basic description of your legal matter and let you know what problems to expect, how they'll be handled, and when things will happen. And of course, your lawyer should promptly return phone calls and answer your questions -- basic courtesies that many lawyers commonly ignore because they are so busy.
It's a big shock to most people that there is no guarantee of competence when you hire a lawyer. Sure, all lawyers have passed a bar exam, but one test, given at the very beginning of a lawyer's career, isn't all that significant. And if you complain to a bar association that your lawyer is incompetent, all you are likely to get in return is a shrug. Bar associations go after lawyers who steal or violate specific ethical rules -- not lawyers who just aren't very good.
If, however, your lawyer makes a mistake in handling your legal matter that no reasonable attorney would have made and you lost money because of it, it is called malpractice, and you can sue. The mistake can be a failure to do something, such as not filing a lawsuit on time, or doing something the lawyer should not have done, such as representing a business in bankruptcy while representing an investor negotiating to buy the business. Malpractice suits, unfortunately, are expensive to bring and tough to win.
Each state has ethical laws that bind lawyers. Commonly, these rules require lawyers to:
Each state has a lawyer discipline agency that is supposed to enforce these rules. If a lawyer violates a rule, the agency can impose monetary fines, require the lawyer to make restitution (such as pay back stolen money), suspend a lawyer's license to practice law for a while, or disbar the attorney. Disbarment, however, is exceedingly rare, and is usually reserved for lawyers with a long record of stealing from clients.
Lawyers' bills, unsurprisingly, are one of the most common areas of contention with clients. Most complaints sound like one of the following:
When you hire a lawyer, make sure that your fee agreement is in writing. That's the law in some states, and it's always a good idea. The agreement should specify how often you will be billed and should obligate the lawyer to provide an itemized statement. If you've agreed to pay your lawyer a contingency fee (the lawyer collects only if you win), be sure you know exactly how the fee is calculated and who pays for costs that arise while the lawsuit is in progress.
Your lawyer should: