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Attorney Not Doing His Job - What To Do?
Anonymous2 views2 answers
What can I do if my attorney does not return my calls, has pushed back my case for months, and has told me he will be filing a motion to dismiss my case and instead falls off the map. I used to return my emails, now he wont even return my calls. I got a document in the mail from the court, scanned and emailed it to him and asked three questions about it. He replied with one word "Great". Completely ignoring my questions. I then called him, and he ignored my call. I am very close to name dropping here, its frustrating me. Is there some way to get my retainer fee back and hire a new attorney since he not holding up his end of this agreement?
Stop in, and tell him he is fired. Ask him to write you a check for the remaining Retainer, and get a new attorney with a new retainer. He serves at your pleasure; if he is not pleasing you, find another attorney to take up your cause.
It's plain from the facts set forth in your post that the attorney has done some work on the case, so your frustration seems to be based largely on his failure to communicate with you. This is a common pitfall for attorneys -- in fact, it is the leading cause of complaints for professional misconduct. And, of course, you are free to terminate his services and retain another counsel. But you will likely not receive all of your retainer back. The attorney is entitled to be paid for the work that has been done up to the point of termination of the relationship. You should look at your most recent billing statement -- most will indicate the amount of your trust fund balance.
It is often the case that attorney communications dwindle down when the client is in arrears or otherwise not living up to the agreement for legal services. You might want to think the matter through to determine whether this is likely the factual basis for this rupture in communications with your counsel. It is inevitably expensive to hire other counsel -- new counsel must be paid for time spent evaluating the case and what has gone before and otherwise "getting up to speed." If there are ways to repair the present relationship, it can be an economically sound decision to make that effort.