Our neighbor put in a pool and changed the drainage plat put in place between the two lots by the builder and have significantly damaged the shared retaining wall, fence, ground and now our foundation. The home builder reviewed the situation and found the neighbor at fault and advised us to take legal action. We filed a lawsuit a year ago and have had no traction on the case and hae spent upwards of $8000. Our lawyer is slow to return emails and calls to us, seems afraid of the opposing attorney and overall seems content to proceed at the snail's pace set by our neighbor's attorney, all the while our property continues to suffer damage. What would be the impact of changing lawyers this far into the lawsuit? Or do we need to cut our losses and drop the lawsuit altogether
There is no good way for anyone to tell you in this forum whether or not you should drop the case (except maybe the neighbor's lawyer). As far as switching lawyer mid-case, the real danger is that you spend a significant amount of money while the new lawyer gets up to speed on the case. The best thing to do is to talk to the lawyer face to face, and suggest a written plan or agreement in terms of how quickly your lawyer responds to calls and emails. While there is some foot-dragging in many cases, keep in mind that litigaton is also usually a slow process for lots of reasons. Communication with current counse, or future counse, is a vital two-way street.
You're obviously proceeding cautiously and deliberately, which is good. And you're already asking some of the important questions -- e.g., regarding economic consequences and effectiveness tradeoffs if you switch counsel. But those are indeed going to be so fact-sensitive and case-specific that you're unlikely to get any meaningful advice through a public website like this one. Indeed, to make those judgments, you need the benefit of close and personalized counsel from an experienced lawyer with whom you're consulting under the blanket of attorney-client privilege. The devil is in the details, and you don't want to be spewing those here.
I'd suggest that you write a formal letter or email to your existing lawyer. (Email is quickest and easiest, but you'll get more attention with a traditional paper letter, and still more attention if you send it to him by certified mail, return receipt requested, which gives you a paper trail to prove your mailing and his receipt of the letter.) Tell him each of your concerns -- make a numbered list! Be as specific as possible. And ask him to respond as promptly as possible. I'd suggest that you leave him the option whether to respond in writing or by phone or in a personal session, but if you remain unsatisfied after he's tried to respond orally, then you may want to ask him to give you a written response.
It's entirely possible -- indeed, quite likely -- that there's more been going on behind the scenes than your lawyer has taken the trouble to explain to you yet. There may be factors outside his control which explain the delay, but that he hasn't explained adequately to you. Or he might be able to improve his performance when given a reminder of your expectations and a brisk nudge.
If being a squeaky wheel doesn't get your situation adequately greased, then you may well need the proverbial "second opinion" from a different lawyer.
The starting point for the lawyer giving you a second opinion HAS to be the written contract between you and your original lawyer -- typically called an "engagement letter" or "representation agreement" or something of that sort. It may contain specific provisions that affect, and possibly that significantly limit, your practical options for changing counsel.
Your options may also be affected, and possibly limited, by the kind of fee arrangement between you and your existing lawyer. If your agreement is that you're paying him by the hour, and if you have unpaid bills, that will complicate things. If he's working instead on a contingent fee basis, howver -- where his fee, if any, comes only from a percentage of what's recovered, if any -- then you may effectively have already bargained away a piece of your claim, and you may not be able to yank that piece back just by firing your existing lawyer. You may find yourself in a situation where your ability to interest a new lawyer is compromised by your existing lawyer's contingent fee interest in your claim. But particularly if the lawyer who's giving you the second opinion is potentially looking to replace your existing lawyer, he can help you sort through your options, and he may be able to negotiate a better transition to new counsel if that's what you decide that you need.
I've linked below an guide that you might find helpful, particularly if your existing lawyer is working on a contingent fee basis. Good luck!
The practical impact is more cost to you in that a new attorney will have to become familiar with the facts and law of the case that your current attorney presumably already knows.
Start by calling your lawyer and if he does not answer or return the call in a day or so, call back and ask to speak to his assistant or another lawyer in the office. Explain why you are calling and schedule a meeting with the attorney and tell him what you have told us.
Litigation is slow and cumbersome at times and communication between you and your lawyer can often explain this and solve other misunderstandings.
If after such a meeting you do not feel your attorney is handling the matter as you wish, you may wish to discuss representation with another attorney.
