Losing an attorney can be devastating. If yours has stopped communicating effectively or is taking too long to complete their work on your case, it may be wise to consider firing them and finding another.
Clients have the power to switch attorneys at will without seeking court permission. In litigation matters, however, an attorney must first formally withdraw by filing notices, motions and orders with the relevant courts.
1. You’re not getting what you need
No matter whether it’s been weeks, months, or simply failing to return calls and emails from clients, your attorney has failed to fulfill his or her contractual obligation in terms of communication with clients. They must meet certain ethical obligations when communicating with them.
However, in certain situations an attorney can abandon a client without breaking the law. For example, if an attorney believes remaining involved will hurt the case (such as at its very start), or there is another lawyer available who could take over (which was one reason King & Spalding used when withdrawing from their Defense of Marriage Act case.)
If your attorney has not responded to your calls or emails regarding communication or representation changes, send a certified letter outlining why. State clearly that it’s time for new representation to take over their case.
2. You’re not being heard
If you have tried calling, leaving voicemail messages, and/or sending emails without hearing back from them yet it could be a sure sign they are ignoring you – something which violates their ethical obligations to communicate with their clients about updates on their case.
They could be avoiding you because they believe you aren’t taking their advice. Although they are under no obligation to explain themselves directly to you, they might prefer taking care of things behind closed doors in order to spare you any bad news.
Avoidance could also be due to their busy workload; law firms must balance client work with revenue-generating activities, so if your representation does not improve then send them a certified letter explaining why communication has broken down and that you will seek new representation if the problem does not improve.
3. You’re not being listened to
Last time you met with your attorney, he heard your side of the story and proposed an approach for your case. Since then, nothing. No calls, emails, or voicemails from him; perhaps his advice doesn’t merit your time? He might have other clients that pay more money that require his services instead – meaning his time might be better spent handling other matters instead of yours.
Although it is technically against professional conduct for lawyers to abandon clients, there may be circumstances under which this action may be permissible. For instance, attorneys may determine that a client is being used illegally or think there’s another suitable replacement in waiting. But if your lawyer consistently ignores you or has abandoned you altogether it may be time to look for another. If this has happened to you contact a New York legal malpractice attorney with experience protecting victims of attorney misconduct.
4. You’re being ignored
It can be frustrating and alarming when your attorney does not return your calls or communicate with you for an extended period. Lawyers are required to respond to reasonable requests for information; failure to do so constitutes malpractice. While such behavior could constitute malpractice, other legitimate factors could include conflict of interest issues or having another case (like King & Spalding’s explanation for leaving their Defense of Marriage Act case).
If your attorney seems disengaged from you, send a letter outlining your concerns. This should get their attention and may make them more willing to communicate in the future.