I hired an attorney in another state to represent me in a misdemeanor (trespassing) case. I've never met him, but he seemed to have solid credentials and he has a huge Web site. I mailed him a check for $1,000 as a retainer. Since then, he has done little if anything. The court clerk Web page says the case is still open. When I call his office, I never get to talk to him, only his paralegal, who usually sounds confused about my case and sometimes not even familiar with who I am. This has been dragging on for ONE YEAR. I already paid him, so I don't want to hire another lawyer, and I don't wan't to threaten to report him, since I don't want it to get even more unpleasant between us. But how do I impress upon the lawyer that I am impatient and very unhappy with the lack of movement on the case? (It would be good to hear from some lawyers on this one.)
2007-07-13 15:44:59 · 4 answers · asked by admiralnelson 2 in Politics & Government ➔ Law & Ethics
Civil and criminal charges for legal malpractice can be pursued as easily as medical malpractice. Contact the state Bar Association in the state in which he practices and ask them how you can file a formal complaint.
2007-07-13 15:49:33 · answer #1 · answered by Chad 5 · 1⤊ 1⤋
The defense lawyer does not control the timing or the pace of the proceedings. Only the prosecutor does that.
If the prosecutor drags on too long, you win -- either by statute of limitations or a speedy trial motion, depending on what's happened so far.
The only thing the defense lawyer can do is rush to trial, which is always bad for the defense. Yes, he should be returning your phone calls -- but he cannot make the case go any faster, except to your disadvantage.
2007-07-13 23:50:56 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
I would suggest you write the attorney a letter.
Lawyers are somewhat "document based" creatures. They respond to letters more than phone calls. The reason for that is that a copy of YOUR letter might someday be evidence that you asked a question, and they want evidence that they answered it.
Phone calls? Never got any phone calls.
2007-07-13 22:49:34 · answer #3 · answered by open4one 7 · 3⤊ 0⤋
show up at his office at a time where he will definitely be there and wait. Ask to speak with him and just wait until he shows up. Send a letter too.
Also, a retainer is what you pay them simply to look at the case. ( I think at least.)
Good luck!
2007-07-13 23:17:02 · answer #4 · answered by Anonymous · 0⤊ 0⤋