my lawyer is not returning my calls or doing his job @ all. i am tired of waiting around for him to feel like actually showing up to check messages. i have not been able to contact him for months...PLEASE HELP...ROXANNE
2007-01-24 03:59:40 · 4 answers · asked by joeandroxy37 1 in Politics & Government ➔ Law & Ethics
Poor client communication is the most common complaint made to State Bar associations' disciplinary procedures. However, if your lawyer is not communicating with you, then you can always dismiss him and hire other counsel.
When you fire him, you have a right to demand an accounting of fees, and a refund of any unused fees. Look over the accounting carefully. You can also take the accounting with you when you hire another attorney to complete what this lawyer didn't do.
As others have said, you don't have a case for malpractice unless you can show that the attorney's negligence has caused you some harm in some way.
Even if you don't have a case of negligence, you can always file a complaint with your state bar association. Look up the number in your phone book and call them. Their office is generally in your capital city. The staff there will give you instructions on how to file a complaint.
If need be, your state bar association can also refer you to a different attorney who will hopefully be better able to finish your case.
2007-01-24 04:45:26 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Its not malpractice because he isn't practicing anything.
Contact the bar association to complain and get another lawyer fast!
Then write him a nasty letter of complaint telling him that if he does anything incompetent like delay your case that you will sue him for malpractice--But you have to show damages so you may not have a case.
Good luck
2007-01-24 04:10:40 · answer #2 · answered by Mr. love 3 · 0⤊ 0⤋
You can only sue him for malpractice if you've suffered damage from his negligence. You need to (a) send him a letter saying exactly why you're disappointed, and what he needs to do; (b) if there's something wrong with your case, or if his lack of diligence has caused you to lose money, fire him right away, and (c) contact another lawyer. Get a referral from the state or county bar association for someone who handles attorney malpractice cases (and perhaps someone who handles your underlying case.)
If you've paid for services that you've not received, you can demand your money back, but that's just a fee/contract dispute.
2007-01-24 04:08:09 · answer #3 · answered by Perdendosi 7 · 0⤊ 0⤋
Are you sure your account with him is up to date?
If it is, then get yourself another lawyer.
2007-01-24 04:28:31 · answer #4 · answered by Jack 6 · 0⤊ 0⤋